The U.S. Justice Department asked Washington state on October 26, 2026, to set aside mail ballots received from more than 400 individuals flagged as potential noncitizens. Secretary of State Steve Hobbs criticized the demand as an attempt to cast unfounded suspicion on the election results.
Federal prosecutors escalated a nationwide election administration pressure campaign opening a new front in the Trump administration’s push ahead of the November 3 midterms. The demand mirrors similar federal actions targeting election officials in California and other states.
Federal Prosecutors Target 405 Voter Records in Washington State
Acting U.S. Attorney for the Western District of Washington Neil Floyd and First Assistant U.S. Attorney for the Eastern District of Washington Pete Serrano announced the findings during an October 26 news conference. Federal investigators claimed to have identified 405 individuals who they believe registered and voted in Washington elections while ineligible because they lacked U.S. citizenship.
According to federal prosecutors, the Department of Homeland Security compared a publicly available list of Washington registered voters with government data after state officials declined to provide unredacted voter rolls. Floyd described the identified individuals as the tip of the iceberg
during the briefing, asserting that federal officers routinely check immigration interactions against voter registration files.
We have identified over 400 non-citizens who are registered to vote and have voted in multiple elections.
Neil Floyd, Acting U.S. Attorney for the Western District of Washington
State election officials confirmed that the federal list included historical voting data, with some flagged records dating back decades. One entry on the Department of Justice list corresponded to a vote cast in 1994, more than three decades ago.
First Assistant U.S. Attorney for the Eastern District of Washington Pete Serrano stated that the investigation was a heavy lift and emphasized that their responsibility is to prosecute. Federal officials also noted that many individuals on the compiled list are lawful permanent residents, commonly known as green card holders.
Steve Hobbs Questions Timing and Disputed Data Reliability
Washington Secretary of State Steve Hobbs pushed back against the federal directive, questioning both its accuracy and its timing just one week before the General Election as state officials say the allegation casts ‘unfounded suspicion’ on the results.
The timing of this request – one week before the General Election – is no doubt intended to cast unfounded suspicion on the results.
Steve Hobbs, Washington Secretary of State
Hobbs noted that Washington maintains strict safeguards, automatically registering eligible residents through driver’s license applications with data cross-checked against the Department of Licensing and the Social Security Administration. State records show that verified noncitizen voting is extremely rare, with just 15 cases recorded between 1982 and 2025 out of millions of ballots cast.
The secretary of state’s office warned that the system utilized by the Justice Department erroneously flags legitimate citizens as noncitizens, placing their voting rights in jeopardy. Hobbs also highlighted that the request exposes private voter data to a ten-year retention period, presenting a severe privacy risk.
Legal Battles Over Voter Rolls in California and Washington
The demand in Washington follows a nearly identical confrontation in California, where the Justice Department demanded that election officials segregate mail ballots from up to 20,000 alleged noncitizens. The Justice Department sued California as part of an attempt to require the state to set aside those mail ballots.
A federal appeals court denied an emergency injunction sought by the administration regarding the California ballots. It also noted that some of the people it suspects registered without citizenship may have since become naturalized.
California Attorney General Rob Bonta vowed to resist the administration’s unlawful overreach, while California Governor Gavin Newsom characterized the actions as an assault on democracy. Meanwhile, similar federal inquiries in other jurisdictions, such as Nevada, found zero noncitizen voters upon closer review.
Unresolved Demands and What Happens Before Election Day
Federal prosecutors warned Washington officials that if the state fails to segregate the disputed ballots, the United States will have no choice but to seek emergency relief in court. As of Monday, the Justice Department had not filed a formal lawsuit against Washington.
Meanwhile, the Department of Justice indicated that an additional list of suspected noncitizen voters would be transmitted ahead of the November 3 general election.
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