24-hour deadline: DOJ demands Washington hold 400 ballots

Federal prosecutors have issued a 24-hour deadline for Washington state to sequester ballots from more than 400 registered voters. The Justice Department believes these individuals are noncitizens who cast votes in recent elections. Acting U.S. Attorney Neil Floyd sent the request to the state secretary on Monday, October 26, the same day the election is scheduled to take place.

The demand places immediate pressure on state election officials. They must review a specific list of registrants and set aside the physical ballots if they are found on that list. Floyd stated in a news release that the department has identified over 400 noncitizens who are currently registered to vote. He described the current list as only the tip of the iceberg and said his office will continue to investigate illegal voting.

This action targets a Democratic-led state one week before the general election. It follows a similar move in California, where the Trump administration sought to separate thousands of ballots. However, a federal appeals court ruled against the administration on Monday, saying the Justice Department had not given a lower court a proper chance to review its claims. The ruling in California came the same day Washington received its own demand.

Floyd’s office checked lists of permanent legal residents, such as green card holders, against voter registration records. He criticized Washington for refusing to share unredacted voter rolls earlier this year, noting that this lack of data made the review process more time-consuming. In an interview with conservative radio host Jason Rantz published Monday, Floyd explained how his team identified the suspected noncitizens on the rolls.

Secretary of State Steve Hobbs’ office is currently reviewing the list. Spokesperson Helen Smith confirmed the review via email on Monday. Hobbs criticized the timing of the request in a written statement, arguing that it is intended to cast suspicion on the election results. He noted that the administration is asking for this action just one week before voters go to the polls.

Hobbs emphasized that the state takes the protection of voter information seriously. He said Washington will only respond to requests that follow due process. His office pointed to the legal battles in California as a cautionary tale, stating they do not want Washingtonians to be harassed during the vote counting process.

Noncitizens sometimes end up on voter rolls, though relatively few actually vote. It is a crime with a paper trail that can lead to serious penalties, including deportation. Newly naturalized citizens are frequently flagged as noncitizens because there is no comprehensive national list of U.S. citizens to cross-reference against state records.

The Justice Department previously claimed there were 20,000 noncitizens on California’s voter rolls. It gave California 48 hours to review that list and called for the ballots to be sequestered. Los Angeles County election officials filed a legal argument stating the Justice Department’s list appeared to come from old voting data and included many apparent U.S. citizens with places of birth listed in the United States.

The administration has also sought to involve itself in other election disputes. Last week, it sued Alaska over a Senate candidate sharing a name with the incumbent. Election experts noted that federal law does not explicitly give the Justice Department authority to intervene in election certification or ballot counting, making these legal efforts potentially shaky ground.