The short version
- The Justice Department asked Washington state to set aside ballots from over 400 people suspected of voting without citizenship.
- State officials are reviewing the demand, citing due process concerns and referencing similar federal actions in California.
- Past investigations in other states have found significantly fewer noncitizen voters than initially alleged by federal authorities.
The Trump administration has formally requested that Washington state officials set aside ballots cast by more than 400 individuals who are suspected of registering to vote without holding U.S. citizenship. In a letter addressed to the Secretary of State’s Office, the Justice Department identified these voters and noted that they had cast approximately 1,500 votes in previous elections. The federal agency is asking the state to isolate any ballots submitted by these individuals in the upcoming midterm election until their legal eligibility can be confirmed.
Acting U.S. Attorney Neil Floyd stated during a news conference that the goal is to ensure only legal voters participate in the election process. He emphasized that the administration is seeking to verify the status of these registrants before their votes are counted. This request comes as Washington prepares for an election involving more than 5 million registered voters, a significant portion of the state’s electorate.
Washington Secretary of State Steve Hobbs indicated that his office is currently reviewing the federal demand. His department has received roughly 60 subpoenas from the Justice Department since last month seeking voter information. Hobbs stated in an emailed statement that the state takes its responsibility to protect voter data seriously and will only respond to requests that adhere to due process. He expressed concern about potential harassment of voters, drawing a parallel to situations unfolding in California.
The situation in Washington mirrors a broader federal effort to identify noncitizen voters, despite evidence suggesting such occurrences are exceptionally rare. The Justice Department’s approach in Washington is similar to its attempt in California, where it sought to require the sequestering of mail ballots from up to 20,000 people suspected of not being citizens. That request has faced legal challenges, with federal appellate judges questioning the timing, constitutionality, and authority of the Justice Department’s demands during recent arguments.
Legal experts point to the Elections Clause of the U.S. Constitution, which grants state legislatures the power to determine the time, place, and manner of congressional elections. This constitutional provision is central to the debate over whether federal authorities can compel state election officials to alter their ballot processing procedures. The tension between federal oversight and state control remains a key issue in these legal disputes.
In California, local officials have scrutinized the data provided by the Trump administration. Los Angeles County Assistant Registrar-Recorder Monica Flores reported that her staff examined a sample of 200 records from the federal list. They found that the sample included canceled or inactive registrations, individuals with no voting history, and voters who appeared to have been born in the United States. These findings suggest discrepancies between the federal allegations and the actual status of the registrants.
The Justice Department has indicated that it anticipates sending Washington an additional list of suspected noncitizen voters before Election Day. The agency also noted that some individuals on the current list may have become naturalized citizens since their initial registration. This possibility complicates the verification process, as state officials must determine whether these individuals are now eligible to vote.
Historical data from other states casts doubt on the scale of noncitizen voting alleged by federal authorities. In Nevada, the Trump administration claimed there were 1,500 potential noncitizen voters on the rolls, but subsequent investigations found zero instances of such activity. Similarly, in Maricopa County, Arizona, which includes Phoenix, the county Recorder initially announced that 207 possible noncitizens were on the rolls. However, the Republican County Attorney determined that only eight individuals actually fit this description.
These discrepancies highlight the challenges in verifying voter eligibility and the potential for overestimation in federal claims. As Washington state officials weigh their response to the Justice Department’s request, the outcome could set a precedent for how similar demands are handled in other jurisdictions. The intersection of federal authority and state election administration remains a contentious issue as the midterm election approaches.
The broader implications of this dispute extend beyond Washington state. If the federal government’s approach is upheld, it could lead to increased scrutiny of voter rolls nationwide. Conversely, if state officials successfully resist these demands, it may reinforce the autonomy of state election systems. The resolution of this conflict will likely influence future efforts to balance election security with administrative efficiency.
Sources behind this briefing
Go to the original reporting
- PBS NewsHour↗Trump administration asks Washington state to set aside ballots from 400 voters it says may be noncitizens
