Washington Finds Citizens on Federal Noncitizen Voter List

Washington state election officials have challenged a federal effort to withhold ballots from more than 400 people suspected of being noncitizens, saying an initial review found U.S. citizens and inaccurate registration records. Secretary of State Steve Hobbs rejected the Justice Department's demand ahead of the November 3, 2026, midterm elections, warning that acting on unverified information could unlawfully deprive eligible voters of their ballots.

The dispute escalated after federal prosecutors Neil Floyd and Pete Serrano sent Hobbs a letter dated October 26. They asked Washington to verify the citizenship of the individuals identified by the Department of Homeland Security and prevent their ballots from being counted until their eligibility was established.

The Justice Department said federal officials had identified more than 400 people believed to be noncitizens who had voted in Washington elections. Its letter described the identification process as having a “high level of confidence” and threatened to seek emergency court intervention if the state did not comply with its deadline.

Washington's preliminary review found that many individuals on the list were U.S. citizens. Officials also identified a “significant number” of people who were not currently registered or whose registrations were inactive, undermining the suggestion that everyone listed would receive a ballot in the upcoming election.

Hobbs said the findings raised concerns about the potential consequences of relying on the federal data without independently verifying each person's eligibility.

“A preliminary investigation confirms what your letter acknowledges: This list includes United States citizens and is not reliable,” Hobbs wrote in his response to the Justice Department.

He warned that the people already identified as citizens might represent only the “tip of the iceberg” among those at risk of being wrongly excluded from the voting process.

“Without individualized proof of ineligibility, it would be both irresponsible and illegal for election officials to decline to process a registered voter's ballot,” Hobbs said.

The secretary of state's office also criticized the format and completeness of the federal submission. According to Hobbs, officials received a PDF containing a printed spreadsheet rather than a usable electronic file, and the records lacked voter identification numbers and addresses that could help election workers verify identities.

Hobbs said the list contained duplicate entries and that federal officials had not explained how the information was collected or provided supporting documentation. He described the material as “deeply flawed data” and urged the department to supply individualized evidence before pursuing legal action.

The federal letter also incorrectly identified Election Day as November 2 rather than November 3. Hobbs said the mistake could create confusion among voters.

“Basic factual errors like this are unacceptable and risk confusing voters,” Hobbs wrote.

Hobbs argued that refusing to process ballots solely because a person's name appeared on the unverified list could conflict with federal voting protections. He cited the Voting Rights Act and the National Voter Registration Act, which restrict certain systematic voter removals within 90 days of a federal election.

The Washington dispute followed a similar confrontation in California, where the Justice Department sought to prevent ballots from approximately 20,000 people it suspected were noncitizens from being counted. Federal prosecutors sued California officials after the state challenged the accuracy and practicality of the request.

On October 28, U.S. District Judge David Carter rejected the Justice Department's request for a temporary order in the California case, raising concerns about the reliability of the government's process for identifying suspected noncitizen voters.

“Constitutional rights and our democracy are at stake. The public interest favors their protection,” Carter said.

The judge also warned against denying eligible voters their rights based on uncertain government records.

“Individuals who have met the requirements of California's voter registration laws must not be deprived of a core right merely because of unfounded allegations stemming from a procedure rife with uncertainty and errors,” Carter said.

The Justice Department has argued that some people identified in its investigations hold green cards but are not U.S. citizens and therefore cannot vote in federal elections. Its letter to Washington acknowledged that some flagged individuals might have become naturalized citizens since their records were collected, but did not specify how many.

Washington officials said they would cooperate with requests supported by adequate evidence and lawful procedures. Hobbs also questioned the timing of the federal demand, which arrived shortly before the election while mail voting was already underway.

“The timing of this request — one week before the General Election — is no doubt intended to cast unfounded suspicion on the results,” Hobbs said in an earlier statement.

A Justice Department spokesperson defended the federal effort, saying, “With his help, we can ensure that only American citizens vote in Washington's elections.”

More than 1.3 million mail ballots had been returned in Washington as of October 28, according to the state's election officials. The state had approximately 5 million registered voters in 2024, according to the secretary of state's office.

Multiple state audits and independent studies have found that noncitizen voting is rare and has not affected election outcomes. The Justice Department had not filed a lawsuit against Washington as of Thursday afternoon, October 29, leaving the dispute unresolved ahead of Election Day.