Trump administration demands Washington set aside ballots from over 400 suspected noncitizen voters
The Justice Department identified 1,500 votes cast by more than 400 people it claims are registered without U.S. citizenship and asked Washington state to set aside any ballots they might cast in the midterm elections.
What happened
On Monday, the Trump administration's Justice Department sent a letter to Washington Secretary of State Steve Hobbs requesting that the state set aside ballots from more than 400 people it alleges are registered to vote without U.S. citizenship. The department said it had identified 1,500 votes cast by these individuals in prior elections and asked the state to set them aside pending confirmation of legal eligibility. Acting U.S. Attorney Charles Neil Floyd claimed the 405 voters identified so far represented "the tip of the iceberg" due to state limitations on the federal investigation. The request came less than two weeks after a similar demand in California targeting up to 20,000 people, and follows a separate lawsuit filed in Alaska. This marks the third direct state challenge brought by the Justice Department this month, all in states with competitive House or Senate races.
Context
Washington has over 5 million registered voters and issues mail ballots to all of them. Washington Secretary of State Hobbs noted that the data provided included voting history dating back to 1994 for some individuals, and stated the timing—one week before the general election—appeared designed "to cast unfounded suspicion on the results." In California, federal appellate judges questioned the timing and constitutionality of the similar demand, and a sample review by Los Angeles County officials found the federal list included canceled registrations, people with no voting history, and individuals who appeared born in the United States. The Washington request specifically targets the state's third congressional district, described as one of the most competitive House races in the midterm elections. Noncitizen voting is described as exceptionally rare, and the Justice Department noted that some individuals it suspects registered without citizenship may have since become naturalized.
What's disputed
The validity and accuracy of the Justice Department's list is contested. California officials found the federal sample included improper inclusions like canceled registrations and people born in the U.S. The timing and constitutional authority of the demands are also disputed, with California's attorney general calling it "unlawful overreach" and opposing judges raising constitutional concerns about the Elections Clause.