Washington rejects DOJ demand to sequester ballots, citing flawed noncitizen voter lists

Key points

• DOJ Acting U.S. Attorney Neil Floyd and First Assistant Pete Serrano demanded Washington sequester ballots from 405 suspected noncitizens within 48 hours, threatening emergency legal relief if the state refused.
• Secretary of State Steve Hobbs denied the request, labeling the DOJ's demand a 'dumpster fire disguised as a legal document' and asserting that the list contained numerous U.S. citizens and inactive registrations.
• Hobbs noted that Washington lacks a system to verify citizenship during registration, relying instead on an honor system where voters attest to citizenship when casting ballots.
• Immigration attorney Len Saunders reported seeing at least 15 cases of noncitizens inadvertently registered to vote through the Department of Licensing's automatic registration process in the past two weeks.
• Saunders highlighted a case involving a Canadian green-card holder who faced a deportation hearing after being flagged for potential voting registration, though she died from unrelated injuries before the hearing could proceed.

Background

This dispute occurs amid broader national tensions over noncitizen voting claims ahead of the November 3, 2026, midterm elections. The Trump administration has previously sued California and pressured Nevada, with federal judges rejecting emergency interventions due to concerns over the reliability of DOJ data. Washington's situation mirrors these conflicts, where state officials argue that federal lists are inaccurate and risk disenfranchising eligible voters, while federal prosecutors maintain that noncitizen voting is a significant issue requiring immediate action.

How outlets are covering it

The DOJ, represented by Neil Floyd and Pete Serrano, asserts that 405 individuals in Washington are noncitizens who voted, claiming this is merely the 'tip of the iceberg' and demanding immediate ballot sequestration. Conversely, Secretary of State Steve Hobbs and local auditors like Mary Hall argue that noncitizen voting is rare and that the DOJ's list is flawed, containing citizens and inactive records. Immigration attorney Len Saunders offers a third perspective, acknowledging that while noncitizen voting is not widespread, the automatic registration system at driver's license offices has inadvertently enrolled noncitizens, causing legal jeopardy for immigrants. ABC News and CBS News highlight that similar DOJ lists in California and Nevada were found to be inaccurate by local officials, with a federal judge in California rejecting the DOJ's emergency request due to 'unreliability' and 'lack of credibility.'

Why it matters

The conflict highlights a critical tension between federal and state election administration, with potential consequences for voter rights and immigration enforcement. If the DOJ succeeds in forcing ballot sequestration, it could disenfranchise eligible voters, while failure to address inadvertent registration could lead to deportation for noncitizens. The outcome may influence future policies on voter registration and citizenship verification across other states facing similar federal pressure.

What to watch

The DOJ has not yet filed a lawsuit against Washington as of Thursday, but has threatened emergency relief if Hobbs does not comply with the 48-hour deadline. State officials are expected to continue defending their position, while immigration attorneys may see increased cases of noncitizens facing legal issues due to inadvertent voter registration. The November 3 midterm elections will proceed, with the validity of ballots from the 405 individuals potentially becoming a central legal issue post-election.