DOJ asks WA to hold 405 ballots

Federal prosecutors have requested that Washington state withhold the counting of approximately 1,500 ballots cast by 405 individuals the Justice Department believes are noncitizens.

In a letter delivered on Monday, the Department of Justice instructed the state to suspend tabulation for these specific voters until their citizenship status is verified. Acting U.S. Attorney Charles Neil Floyd stated at a news conference that the state lacks the resources to detect noncitizen voting without federal intervention. He noted that officials identified the 405 people by cross-referencing public voter registration lists with immigration records.

Secretary of State Steve Hobbs criticized the timing of the request, which arrived with only one week remaining before the general election. He described the move as an effort to cast doubt on the upcoming results. Hobbs emphasized that noncitizen voting is rare in Washington, citing a count of just 15 cases between 1982 and 2025. He also pointed out that the federal identification system frequently flags U.S. citizens and raises privacy issues.

The Justice Department indicated it plans to send a second list of suspected noncitizen voters to the state before the election. The initial letter contained a minor error, listing the general election date as Nov. 2 instead of Nov. 3. This latest action follows a district court ruling last month that rejected the DOJ's attempt to compel Washington to release its full voter rolls. Floyd argued that the state's restrictions have limited the federal investigation to only a fraction of potential cases.

No criminal charges have yet been filed against the individuals on the list, though Floyd anticipates some will be prosecuted. Voting as a noncitizen is a felony punishable by fines or imprisonment. The department's letter cites state laws requiring county auditors to enforce voter registration rules. Floyd explained that while the DOJ cannot enforce state law directly, it can make criminal referrals to state officials. He declined to specify penalties for election workers who count the disputed ballots, citing an aiding and abetting theory under state law.

Hobbs stated his office will respond to the request only if due process is followed. He stressed the importance of voter privacy in handling the federal inquiries. The administration has recently used similar tactics in California, warning local officials about potential criminal charges if they count ballots from identified noncitizens. Floyd said that if the state does not act on the notice, the federal government may take additional steps, though he did not define those actions during the Monday press conference.