DOJ asks Washington state to set aside ballots from 400+ suspected noncitizens

Left · 2On Monday, October 26, 2026, the Justice Department asked Washington state to set aside any ballots cast in the coming election by more than 400 people it suspects registered to vote without U.S. citizenship. 1 2 Left · 1Acting U.S. Attorney Neil Floyd made the request in a letter to the Washington Secretary of State's Office. The AP says the department told the state it had identified 1,500 votes cast by these people in prior elections, and asked that their ballots be held until officials can confirm they are eligible. 1 Left · 1Floyd said in a news release that the people were registered and had voted in multiple elections, and called this "only the tip of the iceberg". NBC News reports the letter gave the state 24 hours to review the list against citizenship records. 2

Left · 1Floyd told a conservative radio host that his office checked lists of permanent legal residents, such as green card holders, against voter registration records. He also criticised Washington for refusing to share its unredacted voter rolls with the Justice Department this year, which he said made his work more time-consuming. 2 Left · 2Secretary of State Steve Hobbs' office is reviewing the list. Hobbs said the state would "only respond to requests that follow due process" and did not want Washingtonians harassed. NBC quotes him saying the timing, one week before the general election, was intended to cast unfounded suspicion on the results. The AP adds that his office has received about 60 Justice Department subpoenas since last month seeking information about voters. 2 1 Left · 1The Justice Department told Washington it expects to send another list of suspected noncitizens before Election Day. It also acknowledged that some of the people it suspects may have since become naturalized. 1

Left · 2The request resembles one made to California, where the department sought to have ballots sequestered for up to 20,000 suspected noncitizens and later sued. An appeals court ruled against the administration on Monday, saying the department had not given the lower court a chance to review its claims. AP reports that the judges questioned the timing, constitutionality and authority of the demand. 2 1 Left · 2Los Angeles County officials said in a court filing that the California list appeared to come from old voting lists. In a sample of 200 records, they found canceled or inactive registrations, people with no voting history, and voters who appeared to have been born in the U.S. 1 2 Left · 2Both outlets note that noncitizen voting is rare. NBC says newly naturalized citizens are often flagged as noncitizens because there is no comprehensive list of U.S. citizens. The AP cites earlier cases where the administration's claims shrank on investigation: 1,500 potential noncitizens alleged in Nevada turned out to be zero, and 207 possible noncitizens in Maricopa County were reduced to eight. 2 1

Left · 1NBC places the request within wider administration efforts to involve itself in ballot counting and certification, including a suit over Alaska's Senate race. It quotes election experts who say nothing in federal law gives the Justice Department authority to intervene in certification or counting. 2