SEATTLE — The Justice Department asked Washington election officials Monday to set aside any returned ballots from more than 400 people it suspects were registered as noncitizens, prompting state officials to question the federal data and review the request.
The Oct. 26 demand came eight days before the Nov. 3 general election. In a letter to Secretary of State Steve Hobbs, federal prosecutors requested a review of the names within 24 hours and asked that affected ballots remain uncounted until citizenship could be determined.
The DOJ letter said the Department of Homeland Security had identified more than 400 individuals associated with more than 1,500 votes in previous elections. Prosecutors alleged that some had voted as recently as the August primary and that others had voted more than two dozen times.
But the letter also acknowledged that some listed individuals may have since become naturalized U.S. citizens. Their appearance on the list does not, by itself, establish that they are ineligible to vote in November.
Prosecutors asked Hobbs to instruct election officials to pause signature verification or tabulation of any returned ballots associated with the names until citizenship was established. They also said they expected another list from DHS before Election Day.
In a separate Justice Department announcement, Acting U.S. Attorney Neil Floyd said federal investigators had identified noncitizens who were registered and had voted in multiple elections. First Assistant U.S. Attorney Pete Serrano said the request was intended to protect citizens’ votes.
DOJ said many people on the list were lawful permanent residents, commonly known as green card holders. That status allows them to live legally in the United States but does not confer citizenship or eligibility to vote in federal elections.
Federal officials also said they had heard from green card holders who reported being registered without their knowledge through Washington’s Motor Voter program. The announcement did not specify how many such reports they had received.
Hobbs’ office said in its official response that it was reviewing the request for compliance with state and federal law. It warned that the screening system used by DOJ frequently flags U.S. citizens as noncitizens and noted that one record in the letter dated to 1994.
“We take our responsibility to protect voter information seriously and will only respond to requests that follow due process,” Hobbs said.
His office said noncitizen voting is rare and that suspected fraud is investigated and referred to county sheriffs and prosecutors when appropriate. Hobbs also accused the administration of seeking to cast suspicion on election results through the timing of its request.
The state cited federal limits on removing voters within 90 days of a federal election. DOJ’s letter requested a pause in processing particular ballots and said its demand was separate from earlier litigation over access to Washington’s voter rolls.
Prosecutors sought confirmation by Oct. 28 that the requested process had been implemented and warned that they would otherwise seek emergency relief. Washington’s Oct. 26 response did not announce an agreement to hold the ballots.
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