Justice Department Demands Washington State Hold Ballots From 405 Suspected Noncitizens

The U.S. Department of Justice requested on Monday that Washington state set aside ballots from 405 individuals it believes are registered voters without U.S. citizenship. The demand was submitted to Secretary of State Steve Hobbs less than two weeks after a similar request was made in California. The department identified 1,500 votes cast by these people in prior elections and asked state officials to pause the counting of any new ballots from them until their eligibility is confirmed.

Washington state issues mail ballots to all of its more than 5 million registered voters. Acting U.S. Attorney for the Western District of Washington Charles Neil Floyd stated at a news conference that the 405 identified voters represent only a small portion of the total number of suspected noncitizen voters. He cited limitations placed by the state on the federal investigation as the reason for the incomplete count. Floyd said he believed the current list was the tip of the iceberg.

The Justice Department indicated it anticipates sending an additional list of suspected noncitizens to the state before Election Day. The department noted that some individuals on the list may have become naturalized citizens since their initial registration. Without access to specific state records, Floyd said proving illegal voting would be difficult. The department has demanded data including addresses, dates of birth, driver’s license numbers, and partial Social Security numbers for the individuals on the list.

Secretary of State Hobbs said his office is reviewing the request. His staff noted that the data provided by the federal government includes the last time each person voted, with one instance dating back to 1994. Hobbs commented on the timing of the request, noting it arrived one week before the general election. He said the timing was intended to cast unfounded suspicion on the results.

Floyd explained that much of the list was built based on recent contacts with suspected noncitizens. He said federal officers are now routinely checking to see if the people they interact with are registered to vote. This effort is the third direct state challenge brought by the Justice Department this month as voting is underway. All three states involved, Washington, California, and Alaska, have House or Senate races that will influence the balance of power in Congress.

The race for Washington’s third congressional district is among the most competitive in the country. Democrats are relying on incumbent Representative Marie Gluesenkamp Perez to win reelection as a key part of their strategy to retake the House majority. She has won twice in a district that has supported the president in previous elections. Meanwhile, Washington officials have pointed out that changes in U.S. Postal Service operations have disenfranchised thousands of legitimate voters.

In California, a panel of federal appellate judges heard arguments on Sunday regarding a similar demand to set aside mail ballots from up to 20,000 people. The judges questioned the timing and constitutionality of the Justice Department’s request. On Monday, the panel declined to rule on the expedited timeline requested by the federal government and sent the matter back to a lower court. Los Angeles County Assistant Registrar-Recorder Monica Flores stated in a court filing that a sample of 200 records from the federal list included canceled registrations, people with no voting history, and voters who appeared to be U.S.-born.

The Justice Department’s action in Washington follows a lawsuit filed in Alaska last week. That suit seeks to delay the certification of the vote if the Republican incumbent does not win. The administration’s moves have drawn criticism from state leaders who argue the federal government is overstepping its authority under the Elections Clause of the U.S. Constitution.