The Trump administration on Monday asked Washington state to set aside any midterm ballots cast by more than 400 people it suspects registered to vote without U.S. citizenship. The state is reviewing the demand, and its top election official has questioned the timing and the process.
Key Highlights
- The Justice Department sent a letter to the Washington Secretary of State’s Office on October 26, according to the Associated Press and the Washington Secretary of State’s Office.
- It says it identified 1,500 votes cast by the group in past elections.
- The department asked the state to hold ballots from the group in the November 3 midterm until eligibility is confirmed.
- The accusations are allegations. State officials have not confirmed that those on the list are noncitizens.
What the Justice Department Is Asking
The AP said the letter asks the state to set aside any ballots the more than 400 people might cast until officials can confirm they are legally eligible. Acting U.S. Attorney Neil Floyd, who announced the request at a news conference, said the aim is to hold the ballots until their legal status is confirmed. The state has more than 5 million registered voters, the AP noted.
Floyd said much of the list was built from recent contacts with suspected noncitizens, because federal officers now routinely check whether people they encounter are registered to vote, according to a summary of AP reporting by Newser. The Justice Department said it expects to send another list of suspected noncitizen registrants before Election Day, the Anchorage Daily News reported, citing the AP.
How Washington Is Responding
Secretary of State Steve Hobbs said his office is reviewing the demand. In a statement, he said the office will respond only to requests that follow due process, the AP said. He also said the timing, one week before the general election, appeared intended to cast unfounded suspicion on the results, according to the news outlet SAN.
Hobbs said his office has received roughly 60 federal subpoenas seeking voter records in the past month, Fox 13 Seattle reported. The Justice Department has not said what legal action it would take if the state declines, Fox 13 said.
Background
The dispute follows an earlier Justice Department effort to obtain Washington’s full voter rolls. The Secretary of State’s Office says courts rejected the department’s demand for confidential voter-roll information last month. The state says it is reviewing the new request under applicable state and federal law.
Washington found 15 instances of noncitizen voting between 1982 and 2025, Hobbs said in April, according to Axios. That is the state’s own figure and is not an independent count. A separate California case involving a similar federal demand for mail ballots was still moving through the courts on October 26; the appeals court had not issued the expedited ruling the Justice Department sought, according to the Associated Press.
What Remains Unclear
It is not clear how many people on the list are actually noncitizens, how many are on Washington’s voter rolls, or whether any have voted or will vote. Reports differ on the response deadline: SAN, citing NBC News, said the state had 24 hours to review the list, which was not confirmed elsewhere. For wider midterm context, see our report on how Trump’s policies could affect control of Congress.
What to Watch Next
- Hobbs’ formal response to the Justice Department.
- Any further lists the department sends before November 3.
- Any court action over the request.
Sources: The Associated Press (via The Daily Gazette and The Anchorage Daily News), Fox 13 Seattle, Newser, SAN, Axios. This article will be updated as more information is confirmed.