Washington State Rejects DOJ Ballot Freeze, Citing Flawed Noncitizen Voter List

Key points

• DOJ demanded Washington review a list of 400+ alleged noncitizens within 24 hours and suspend their ballots until citizenship is verified.
• Hobbs found the list contains U.S. citizens, inactive voters, and unregistered individuals, contradicting DOJ claims of high confidence in ineligibility.
• The federal list was provided as a PDF spreadsheet with missing fields, duplicate entries, and an incorrect election date (Nov. 2 instead of Nov. 3).
• Hobbs cited the Voting Rights Act and National Voter Registration Act, arguing that systematic removal of voters 90 days before an election is illegal.
• DOJ Acting U.S. Attorney Neil Floyd claimed the list represents a fraction of a larger problem, with some individuals voting as many as 27 times since the 1980s.

Background

This dispute follows similar federal demands in California and Alaska, where courts questioned the DOJ's authority to intervene in state election processes. Earlier archive coverage noted that federal officials threatened emergency legal action against Washington just eight days before the midterms, while state officials argued the timing was designed to undermine public confidence. The current conflict mirrors the California situation, where county clerks also found significant accuracy problems in federal noncitizen voter lists, leading courts to reject emergency ballot freezes.

How outlets are covering it

The DOJ, represented by Acting U.S. Attorney Neil Floyd, asserts that the list identifies lawful permanent residents and other noncitizens who illegally voted, some as early as 1984. Floyd emphasized that the list is only a fraction of the broader issue and that many were registered via the Motor Voter program without their knowledge. Conversely, Secretary of State Steve Hobbs characterized the list as deeply flawed, noting it included citizens and lacked supporting documentation. Hobbs criticized the DOJ for providing a PDF instead of a usable electronic file and for misstating the election date. While Fox News highlighted the DOJ's claim that some individuals voted multiple times, Hobbs focused on the legal impossibility of disenfranchising voters without individualized proof, framing the DOJ's demand as a political stunt rather than a legitimate enforcement action.

Why it matters

The standoff highlights ongoing tensions between federal authorities and state election officials regarding voter eligibility and the integrity of the November 3 midterms. If the DOJ pursues litigation, it could set a precedent for federal intervention in state ballot processing, potentially disenfranchising eligible voters if the data errors persist. The case also underscores the broader national debate over noncitizen voting, with federal officials claiming widespread fraud and state officials arguing that the data is unreliable and the timing is politically motivated.

What to watch

The DOJ has threatened to seek emergency relief if Washington does not comply with its demand to set aside the ballots. Hobbs has invited the DOJ to provide individualized evidence against any specific voter, but has not agreed to suspend the ballots. The outcome will likely depend on whether the DOJ files a lawsuit and how federal courts rule on the legality of the demand, particularly given the proximity to the November 3 election. State officials are expected to continue processing ballots while awaiting any legal developments.