Justice Department Demands Washington Hold Ballots From 405 Alleged Noncitizens

The U.S. Department of Justice asked Washington state officials on Monday to withhold the tallying of votes from more than 400 individuals the federal government identifies as noncitizens. The letter directs the Secretary of State to pause the counting of ballots cast by these voters in the midterm election scheduled for November 3 until their citizenship status is verified. Acting Western District U.S. Attorney Charles Neil Floyd announced the move at a news conference, stating that the state lacks the willingness to check voter eligibility without federal assistance.

Floyd said federal authorities identified 405 specific individuals who have cast approximately 1,500 ballots in previous state and federal contests. The investigation relied on a comparison of publicly available voter registration lists with immigration records. The Justice Department indicated it intends to send a second list of suspected noncitizen voters to the state before the election takes place. A discrepancy exists in the federal letter, which incorrectly listed the election date as November 2, though the correct date is November 3.

Washington Secretary of State Steve Hobbs disputed the findings and the timing of the federal intervention. In a statement, Hobbs argued that the request, arriving one week before the General Election, is designed to cast suspicion on the results. He noted that Washington’s election system is secure and that noncitizen voting is rare. Hobbs cited data showing only 15 confirmed cases of noncitizen voting in the state between 1982 and 2025. He further stated that the federal identification system frequently flags actual U.S. citizens and raises privacy concerns.

The federal request follows a series of actions by the administration aimed at scrutinizing election integrity. Last month, a U.S. District Court judge ruled against the Justice Department in a lawsuit that sought to compel Washington to release its voter rolls. Floyd argued that the state’s refusal to share this data has hindered the investigation. He claimed that due to these limitations, federal agents have only uncovered a small portion of the total number of alleged noncitizen voters.

No criminal charges have been filed against the 405 individuals on the current list. Floyd stated he anticipates that some will be charged, noting that voting as a noncitizen is a felony punishable by fines or prison time. The department’s letter cites Washington state law regarding the duties of county auditors and election workers to uphold registration rules. While the Justice Department cannot enforce state law directly, it said it will make criminal referrals to state counterparts.

Floyd declined to specify the consequences if the state does not comply with the request. He said that if the state continues to assert it is ensuring fair and safe elections, it will take action. If it does not, the department will continue to notify the state of additional names and may take further steps. In a related development, the administration has warned California election officials that they could face criminal charges if they tabulate ballots from identified noncitizens.

When asked if election workers who count the disputed ballots could be charged, Floyd referenced the aiding and abetting theory. He said the law prohibits noncitizens from voting and that anyone assisting in that act is guilty of the same crime. He stated he would not speculate about specific individuals but emphasized that the statute is clear. Hobbs said his office respects voter privacy and will respond only to requests that follow due process.