DOJ Flags More Than 400 Suspected Noncitizens on Washington Voter Rolls, Demands Ballots Be Set Aside

Federal prosecutors in Washington state have asked Secretary of State Steve Hobbs to sequester any ballots returned by roughly 405 individuals they say are noncitizens, many of them lawful permanent residents, who have already cast an estimated 1,500 or more ballots across multiple elections. Acting U.S. Attorney Neil Floyd of the Western District of Washington and First Assistant U.S. Attorney Pete Serrano of the Eastern District made the request in a letter dated Monday, one week before the November 3 midterm election.

The Department of Justice stated that the list, compiled with assistance from the Department of Homeland Security, identifies noncitizens registered to vote who have participated in elections as recently as the August 2026 primary. Some of those named have voted in Washington for more than a decade and, in certain cases, more than two dozen times. Floyd described the 405 names and the associated ballots as “only the tip of the iceberg,” stating that investigators are confident thousands of noncitizens have voted in the state. Prosecutors indicated that a second list of additional suspected noncitizens is expected from DHS before Election Day and will be provided to state officials.

The letter asks Hobbs’s office to review the names and direct local election officials not to signature-verify or tabulate any ballots received from the listed individuals until their citizenship status can be confirmed. Prosecutors set a deadline of noon Pacific time on Wednesday, October 28, and warned that if the state does not implement the process, the United States would have “no choice but to seek emergency relief” while a federal election is underway. Floyd said at a Monday news conference in Seattle that the office intends to pursue criminal cases against those who voted illegally and against anyone who knowingly facilitated it. Federal law prohibits noncitizens from voting in federal elections.

Washington maintains more than five million registered voters and conducts its elections almost entirely by mail. Hobbs confirmed that his office received the letter and is reviewing it for compliance with state and federal law. He criticized the timing, saying it was “no doubt intended to cast unfounded suspicion on the results.” Hobbs noted that one of the records dates to 1994 and that more than 113 million primary and general election ballots have been cast in the state since then. He also stated that some individuals flagged by the federal data are in fact U.S. citizens and that his office has received roughly 60 federal subpoenas for voter records in recent weeks. The secretary’s office has previously reported that Washington identified only 15 cases of noncitizen voting between 1982 and 2025.

The Washington request follows a parallel Justice Department effort in California, where officials sought to set aside mail ballots linked to more than 20,000 voters flagged as likely noncitizens. In that case, a three-judge panel of the 9th Circuit ruled Monday that it lacked jurisdiction over the department’s emergency appeal and returned the matter to a district court. Prosecutors in Washington said their investigation has proceeded without full access to the state’s unredacted voter database, which the department has sought through litigation that remains ongoing.

Floyd and Serrano emphasized that many of those identified appear to be green-card holders who are ineligible to vote in federal contests. They stated that some individuals told investigators they received a ballot in the mail and believed they were eligible. The department has said the current list understates the full scope of the issue and that further matches are expected as the review continues.