The short version
- The Justice Department has requested that Washington state officials set aside ballots from more than 400 people suspected of voting without US citizenship.
- State election leaders criticize the timing and basis of the federal demand, noting that many records are outdated or involve individuals who may have since naturalized.
- This action follows similar federal challenges in California and Alaska, raising constitutional questions about state authority over election administration.
The Trump administration has formally requested that Washington state election officials set aside ballots cast by more than 400 individuals who are suspected of being registered to vote without holding US citizenship. The Justice Department delivered this demand in a letter to Secretary of State Steve Hobbs on Monday, less than two weeks after issuing a comparable request to California authorities. This move represents the latest escalation in federal efforts to challenge election procedures in states with competitive congressional races that could determine control of the House and Senate.
Federal prosecutors allege that these 405 individuals cast approximately 1,500 votes in prior elections. Acting US Attorney Charles Neil Floyd stated that this group likely represents only a small fraction of potential noncitizen voters, describing it as the tip of the iceberg. He argued that state-imposed limitations on federal investigations have prevented authorities from uncovering the full scope of alleged illegal voting. The Justice Department is seeking access to detailed voter records, including addresses, dates of birth, driver’s license numbers, and partial Social Security numbers, to verify eligibility.
State officials have pushed back sharply against the federal request. Secretary Hobbs noted that the data provided by the Justice Department included the last recorded vote for each individual, with one instance dating back to 1994. He characterized the timing of the demand, which arrived just one week before the general election, as an attempt to cast unfounded suspicion on the results. Hobbs emphasized that Washington issues mail ballots to all registered voters, a population exceeding five million people, and that the state is currently reviewing the federal request.
The controversy unfolds against a backdrop of broader concerns about voting access in Washington. State officials have pointed out that changes in United States Postal Service operations have already disenfranchised thousands of legitimate voters. Meanwhile, federal agents are increasingly checking the citizenship status of individuals they encounter during routine interactions, using these contacts to build lists of suspected noncitizen voters. Floyd indicated that without access to state records, proving illegal voting will remain difficult for federal investigators.
This incident marks the third time this month that the Justice Department has directly challenged a state’s election administration while voting is underway. The other two states involved are California and Alaska, both of which have critical races influencing the balance of power in Congress. In California, the federal government sought to set aside mail ballots from up to 20,000 suspected noncitizens. A panel of federal appellate judges heard arguments regarding the timing, constitutionality, and authority of this demand but declined to rule on an expedited timeline, sending the matter back to a lower court.
California election officials have disputed the accuracy of the federal data. Monica Flores, an assistant registrar-recorder in Los Angeles County, stated that her staff reviewed a sample of 200 records from the administration’s list. They found that the sample included canceled or inactive registrations, individuals with no voting history, and voters who appeared to be born in the United States. California Attorney General Rob Bonta vowed to fight what he described as unlawful federal overreach, while Governor Gavin Newsom accused the president of assaulting democracy.
Constitutional questions loom large over these federal interventions. The Elections Clause of the US Constitution grants state legislatures the power to set the time, place, and manner of congressional elections. Legal experts and state officials argue that the Justice Department’s demands infringe upon this authority. In Alaska, a separate lawsuit filed last week seeks to delay vote certification if the Republican incumbent does not win, further highlighting the administration’s strategy in swing states.
The political stakes are particularly high in Washington’s third congressional district, one of the most competitive races in the nation. Democrats view the reelection of Congresswoman Marie Gluesenkamp Perez as crucial to their strategy of retaking the House majority. She has won twice in a district that has also supported the president in previous presidential elections. The Justice Department indicated it anticipates sending Washington an additional list of suspected noncitizens before Election Day, noting that some individuals on the current list may have since become naturalized citizens.
As the election approaches, the conflict between federal and state authorities continues to intensify. While the administration argues that its actions are necessary to protect election integrity, state officials maintain that the efforts are politically motivated and legally unsound. The outcome of these legal challenges could have significant implications for future elections and the balance of power between federal and state governments in administering voting processes.
Observers note that noncitizen voting is exceptionally rare, casting doubt on the premise of the federal investigation. Despite this, the administration has repeatedly sought to undermine public confidence in election outcomes. The coming days will likely see further legal maneuvering as both sides prepare for potential post-election disputes. The resolution of these conflicts may depend on judicial interpretations of constitutional powers and the credibility of the evidence presented by federal prosecutors.
Sources behind this briefing
Go to the original reporting
- The Guardian World↗Trump administration asks Washington to set aside hundreds of ballots from suspected noncitizen voters
