The essentials
Justice Department seeks to set aside ballots from 405 alleged noncitizens in Washington, which says it will respond through due process.
The Justice Department has asked Washington to set aside ballots from 405 alleged noncitizens. The department alleges that more than 400 people cast about 1,500 votes in prior elections, and federal prosecutors say the 405 figure is only part of the total.
The Department of Homeland Security used a public voter list to identify the alleged noncitizens. Federal prosecutors believe many of those listed are green-card holders, and they allege some listed individuals voted in multiple elections. The Justice Department has also requested voter identifying information from the state.
Washington's secretary of state's office confirmed receipt of the letter and said it will respond only to requests that follow due process. The office noted that one listed voter last voted in 1994. The Justice Department has not filed a lawsuit over the listed ballots and says it will send Washington an additional list before election day. The status of the flagged ballots and the number of people ultimately confirmed as ineligible remains unresolved.
Separately, a federal judge dismissed a Justice Department lawsuit seeking Washington's unredacted voter rolls. The state issues mail ballots to all of its more than 5 million registered voters, and its third congressional district is among the most competitive House races.
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Washington Points to Due Process as Federal Demands Mount
From the state's vantage point, the secretary of state's office has confirmed the Justice Department letter and set a condition: it will act only on requests that follow due process. Officials have also noted that one listed voter last cast a ballot in 1994, a detail that bears on the accuracy of the list. Washington sends mail ballots to all of its more than 5 million registered voters, which adds practical stakes to any request to set ballots aside.
Justice Department Says Listed Votes Extend Beyond 405 Names
The Justice Department's position is that the 405 figure understates the problem. Prosecutors say it is only part of the total and that many listed individuals appear to be green-card holders who voted in multiple elections. The department's request for voter identifying information and its promise of an additional list before election day signal that it intends to keep pressing the matter, even though it has not yet filed suit over the listed ballots.