Washington State Processes Mail-In Ballots For The Midterm Elections

An election worker opens midterm election ballots at the King County Elections headquarters on October 23, 2026 in Renton, Washington.

(Photo by David Ryder/Getty Images)

Trump DOJ Brings 'Tired, Desperate' Attempt to Find Noncitizen Voting to Washington State

"The timing of this request—one week before the general election—is no doubt intended to cast unfounded suspicion on the results," said Secretary of State Steve Hobbs.

As a federal appeals court on Monday refused to order California officials to set aside 20,000 mail-in ballots that the Trump administration claimed were cast by noncitizens, the US Department of Justice was already pushing a similar effort in Washington state—the latest of what one advocate called "tired, desperate attempts by a cornered and losing side" to cast doubt on the validity of the November 3 midterm elections.

Washington Secretary of State Steve Hobbs received a letter Monday from acting US Attorney Charles Neil Floyd, who demanded that the state set aside any ballots cast by 405 people whom the DOJ claims are illegally registered to vote despite not being US citizens.

Floyd said the voters have cast 1,500 ballots in past elections, and complained that the Democratic-led state's refusal to turn over unredacted voter rolls to the DOJ earlier this year made his search for noncitizen voters more time-consuming.

The Trump administration has filed lawsuits against more than 20 states for refusing to hand over voter data on millions of people, and the DOJ has resorted to using commercially available information and comparing it with federal records in an effort to track down people it says have voted illegally despite being noncitizens.

The right-wing Heritage Foundation was able to uncover just 23 instances of noncitizen voting between 2003-22, and election officials in found that in 42 jurisdictions, .0001% of 23.5 million votes were cast by suspected noncitizens in 2016.

Those statistics are in line with the results of the DOJ's efforts thus far. In California, federal officials announced they had identified 28 immigrants who were suspected of voting before they became naturalized citizens. The group represented about .0001% of registered voters in California.

In Nevada in September, Homeland Security Secretary Markwayne Mullin claimed authorities had found 16,000 noncitizens on the state's voter rolls. DHS ultimately sent the state a list of just 185 people who it said were illegally registered to vote, but state officials found that all 185 voters were citizens.

Despite the administration's track record, Floyd insisted that this time would be different, asserting in a news conference that the 405 people identified by the DOJ in Washington were "only the tip of the iceberg."

“Because of limitations the state has placed on our investigation, we’ve only been able to uncover a fraction of the total number,” he said. "We will continue to investigate and identify those who are committing crimes by voting illegally.”

A spokesperson for Hobbs' office told NBC News that the secretary of state is reviewing the list, but Hobbs stressed that he "will only respond to requests that follow due process."

"We take our responsibility to protect voter information seriously," said Hobbs. "We saw what happened in California and don’t want Washingtonians to be harassed. The timing of this request—one week before the general election—is no doubt intended to cast unfounded suspicion on the results.”

The search for illegally registered voters in Washington comes days after the DOJ filed a lawsuit in Alaska seeking to block the certification of the state's US Senate election results if Sen. Dan Sullivan (R) narrowly loses to his Democratic challenger, former Rep. Mary Peltola.

The DOJ argued that voters may be confused by their ballots, on which Sullivan and Peltola are listed along with other candidates—one of whom is a retired teacher named Daniel J. Sullivan, Jr. Critics have noted that the sitting senator is clearly marked as the incumbent.

The latest polling average in the key race, which could determine control of the Senate, shows Peltola leading Sullivan by about two points.

On Sunday in an interview with CNN, Attorney General Todd Blanche defended the DOJ's push to stop the automatic certification of the Alaska election results, saying that President Donald Trump "is not trying to take over a state election in any way, shape, or form" and becoming angry when anchor Dana Bash asked whether the refusal to accept the election results could lay the groundwork for violence, as in the January 6, 2021 attack on the US Capitol.

Last week Blanche told reporters that the DOJ could become involved in the election certification process in a "doomsday" scenario.

"Trump’s DOJ has been trying to figure out how to rob Americans of their votes in the midterms since February," said journalist Pedro L. Gonzalez Tuesday. "I hope states are ready to fight and resist the administration. These freaks aren’t just going to let Americans vote their way out of this if they think they can do something about it."

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