Washington state rejects DOJ demand to withhold ballots from 400 alleged noncitizens

Key points

• Federal prosecutors Neil Floyd and Pete Serrano sent a list of 400 names to Washington officials, demanding ballots be withheld until citizenship is verified.
• Hobbs stated the list contains many U.S. citizens and inactive registrations, calling it 'unverified' and 'rushed.'
• The DOJ threatened emergency legal action if the state did not comply within 48 hours.
• A federal judge in California recently rejected a similar DOJ request to set aside 20,000 ballots, citing procedural errors.
• Fox News reports the DOJ claims some individuals voted as many as 27 times, while state officials dispute the data's accuracy.

Background

This dispute follows a broader pattern of federal intervention in state election processes ahead of the 2026 midterms. Similar demands were made in California and Alaska, where courts questioned the DOJ's authority and data reliability. The timing, occurring just days before the election, has raised concerns about potential disenfranchisement and the integrity of mail-in ballots.

How outlets are covering it

The DOJ, represented by Fox News and official statements, asserts that 400 noncitizens are illegally registered, with some voting in multiple cycles since the 1980s. They argue that green card holders were mistakenly registered via the Motor Voter program. Conversely, CBS News and KUOW report that Washington Secretary of State Steve Hobbs found the list to be 'not reliable,' containing many U.S. citizens and inactive records. Hobbs criticized the DOJ for providing a PDF without key verification fields and for the late timing. Yahoo notes that multiple audits suggest noncitizen voting is rare, while the DOJ acknowledges some flagged individuals may have since naturalized but did not specify how many.

Why it matters

The outcome could influence public confidence in the November 3 midterms, which will determine control of the House and Senate. If the DOJ successfully forces states to withhold ballots, it could disenfranchise eligible voters and set a precedent for federal interference in state election administration. The legal battle highlights tensions between federal enforcement of citizenship requirements and state sovereignty in voter registration.

What to watch

The DOJ may seek emergency relief in federal court if Washington does not comply with the 48-hour deadline. Hobbs has invited the DOJ to collaborate on verifying data in the coming months. The California case will proceed to a hearing before Judge David Carter, whose ruling may influence the Washington dispute. No lawsuit had been filed in Washington as of Thursday afternoon.