Full Breakdown
Federal DOJ Demands Washington Set Aside Ballots from Alleged Non-Citizen Voters
By Drooid · · How we work
Core Demand and Immediate Action
The Justice Department sent a letter to Washington Secretary of State Steve Hobbs asking the state to set aside any ballots that might be cast by more than 400 individuals the department believes are not U.S. citizens. The request, made days before the November 2026 federal elections, says the state should hold those ballots until officials can confirm each voter’s eligibility. The department will provide an additional list of suspected non-citizens before Election Day.
Background & Context
The demand follows a broader effort by the Trump administration to identify non-citizen voters nationwide, despite evidence that such voting is exceptionally rare. A similar request was made to California officials, where federal judges have questioned the timing, constitutionality, and authority of the Justice Department’s demand. Washington officials have already received roughly 60 subpoenas from the department since the previous month, seeking voter-record information. The state maintains a voter roll of more than 5 million registered individuals.
Key Figures
- Neil Floyd – Acting U.S. Attorney for the Western District of Washington.
- Steve Hobbs – Washington Secretary of State.
- Nick Brown – Washington Attorney General.
- Pete Serrano – First Assistant U.S. Attorney for the Eastern District of Washington.
Data & Statistics
- The DOJ alleges that over 400 non-citizens have voted in Washington, producing more than 1,500 illegal ballots.
- Washington’s voter registration totals exceed 5 million (approximately 5.1 million).
- State officials report only 15 documented instances of non-citizen voting in Washington since 1982.
- As of late October, about 705,000 ballots had been returned, representing 13.7 % of registered voters.
Official Statements & Responses
Neil Floyd said the DOJ’s list was compiled with “high confidence” and that the identified individuals have voted in multiple elections. He stressed the investigation is about election integrity, not immigration enforcement.
Steve Hobbs replied that Washington has a constitutional right to conduct elections as the state sees fit and highlighted the rarity of illegal voting.
Nick Brown’s brief argued that the DOJ lacks statutory authority to dictate how Washington handles its ballots and warned the demand could disrupt the upcoming election.
Criticism & Opposition
State officials and some federal judges have expressed concern that the DOJ’s request may exceed the authority granted by the Elections Clause, which gives state legislatures primary control over the time, place, and manner of elections. The California case similarly questioned the timing and constitutional basis of the federal demand.
Conflicting Reports & Gaps
Investigations in other states have produced markedly different findings. In Nevada, a claim of 1,500 potential non-citizen voters was later found to be unfounded. In Maricopa County, Arizona, an initial estimate of 207 possible non-citizens was reduced to eight after local review. Washington’s allegations lack disclosed evidence, and the DOJ has not provided a timeframe for when the alleged illegal voting occurred.
What’s Next
A federal district judge is scheduled to hear arguments on the Washington demand later this month, with the possibility of additional federal election monitors in select counties. Washington officials continue to review the subpoenas received from federal authorities, promising to comply only with requests that follow due-process requirements. The state also plans to issue guidance to local election officials on handling challenged ballots as the November election approaches.