Justice Department Seeks to Set Aside 405 Washington Ballots

Federal prosecutors have asked Washington state to separate ballots cast by 405 people suspected of registering and voting without US citizenship, escalating the Trump administration's scrutiny of voter eligibility one week before the Nov. 3, 2026, midterm elections. The Justice Department wants election officials to hold any ballots these individuals submit until their citizenship status can be verified.

Acting US attorneys Neil Floyd in Seattle and Pete Serrano in eastern Washington said the federal government believes the identified individuals include green-card holders, who may legally reside in the United States but cannot vote in federal elections. According to the Justice Department, the group cast approximately 1,500 ballots in previous elections.

Floyd described the findings as the tip of the iceberg in the administration's investigation. He said investigators had identified people through comparisons of publicly available voter registration records with government information, followed by additional inquiries into their voting histories.

Floyd also explained that investigators had uncovered only part of the suspected cases because Washington had restricted their access to state records.

"Because of limitations the state has placed on our investigation, we've only been able to uncover a fraction of the total number," Floyd said.

The Justice Department said much of its list was developed through recent contacts between federal officers and people suspected of being noncitizens. Floyd acknowledged that proving illegal voting would be difficult without access to state election records.

Washington Secretary of State Steve Hobbs confirmed receiving the federal request but questioned the reliability of the information. His office noted that one record dated to 1994, while the state has conducted more than 113 million primary and general election ballots since then.

Hobbs said the timing raised concerns about the request's potential effect on public confidence in the election.

"The timing of this request — one week before the general election — is no doubt intended to cast unfounded suspicion on the results," Hobbs said.

He also emphasized that state officials would protect voter information and follow established legal procedures before responding to federal demands.

"We take our responsibility to protect voter information seriously and will only respond to requests that follow due process. We saw what happened in California and don't want Washingtonians to be harassed," Hobbs said.

The secretary of state's office warned that the federal screening process could incorrectly identify eligible US citizens as noncitizens. Hobbs said thousands of Washington voters already faced potential ballot rejection because of delayed postmarks.

"At a time when thousands of Washington voters already face ballot rejections due to delayed postmarks, our focus should be on ensuring every eligible voter can exercise their right to vote, not creating additional uncertainty about their eligibility," Hobbs said.

The Washington dispute follows a similar federal effort in California, where the Justice Department sought to prevent the counting of mail ballots from as many as 20,000 people suspected of being noncitizens. A federal appeals court declined to grant the administration's expedited request on Monday and returned the matter to a lower court.

In California, Los Angeles County Assistant Registrar-Recorder Monica Flores said a review of 200 records from the federal list found canceled or inactive registrations, individuals without voting histories and people who appeared to have been born in the United States. California Attorney General Rob Bonta pledged to "fight back against the administration's unlawful overreach at every turn" in response to the federal action.

The Justice Department has also challenged election procedures in Alaska, where it seeks to delay vote certification under circumstances involving the Republican incumbent's potential defeat. Washington, California and Alaska all have congressional contests that could affect control of the House and Senate.

The administration previously sued Washington to obtain its complete, unredacted voter registration records after Hobbs declined to provide them. A federal judge dismissed that lawsuit last month. The department has pursued voter-roll litigation in 30 states and the District of Columbia, with 27 cases dismissed by federal judges and three remaining pending, while one case against Oklahoma was voluntarily dismissed.

Floyd said the department would provide Washington with an additional list of suspected noncitizens before Election Day. The Justice Department has not yet filed a separate lawsuit seeking to compel Washington officials to segregate the ballots identified in its latest request.