The state is reviewing the request and says it will not release data protected by law. The letter arrived one week before the November 3 election.
On Monday, October 26, the Department of Justice (DOJ) asked the state of Washington to set aside the ballots of more than 400 people who, according to federal prosecutors, are not citizens and are registered to vote. The request arrived one week before the November 3 general election. Washington Secretary of State Steve Hobbs said the office is reviewing it and will not release information protected by state and federal law.
What the DOJ is asking for
According to the announcement from the U.S. Attorney's Offices for the Western and Eastern Districts of Washington, the DOJ sent a letter to Hobbs with a list of people who, it claims, are not citizens, appear as registered voters, and may have voted in past elections. It asks that ballots cast by those people be set aside until their eligibility is confirmed.
The post on X from the news outlet that prompted this article summarized the request with the figure of 400 ballots. According to the federal prosecutors' announcement, it involves more than 400 people, not 400 ballots already cast.
The DOJ also argues that many of the people on the list are lawful permanent residents (green card holders). They have legal status in the country, but they cannot vote in U.S. elections.
What the state says
The Secretary of State's office published a statement on October 26 in which statement in which it says it is reviewing the request so that its response complies with state and federal law. Hobbs states: “We will only respond to requests that follow due process” and “We will not release information that is protected under state and federal law.”
The office also notes that:
- about 400 records are in the DOJ letter, and one of them is from 1994; since that year, 113.5 million ballots have been cast in primaries and general elections in Washington;
- the DOJ's system often flags legitimate citizens as noncitizens, which could put their right to vote at risk;
- the data would be kept for 10 years, which it describes as a serious privacy risk;
- federal law limits voter purges within 90 days before a federal election;
- the DOJ lost in court, last month, its bid to obtain the state's full voter roll.
The statement adds that electoral fraud, including voting by noncitizens, is very rare. Every voter signs a sworn statement of eligibility on the ballot envelope, and suspicious cases are investigated and referred to the county sheriff and county prosecutor's office when appropriate.
What is not confirmed
As of publication, no independent authority had verified the DOJ's list. The state had not reported how many of the names match registered voters or how many are citizens. It is also unclear what the federal government would do if Washington refuses to set aside the ballots, or on what legal basis it could force it to.
Background
The request adds to other disputes between the DOJ and states over voter rolls and ballots of alleged noncitizens. In Washington, the DOJ had already sent a letter in July about voter eligibility, which Hobbs answered on July 16 in the the official website of the office. In that response, it said the letter did not identify specific concerns about the state's voter registration procedures.
What does it mean to you?
- If you are a citizen and registered in Washington, your ballot remains valid; the DOJ's request refers to a specific list of people.
- Permanent residents and other noncitizens cannot vote in federal elections; voting without being a citizen can carry immigration and criminal consequences. This is the general rule, not legal advice.
- If you have doubts about your registration, check it on the official website of the secretary of state (sos.wa.gov) or with your county's election office.
- Be wary of messages saying your ballot was voided: official information comes from your county and the secretary of state.
