Election Finance: DOJ seeks to hold 400 ballots in Washington

The Justice Department is asking Washington state election officials to set aside 400 ballots cast by voters it believes are not citizens. The request arrived one week before the general election. Acting U.S. Attorney Neil Floyd issued the demand on Monday. The federal office gave the state 24 hours to review the list. The goal is to sequester any votes from the identified individuals. This action targets a Democratic-led state in the same week the administration faced a legal setback in California.

Floyd stated in a news release that his team identified more than 400 non-citizens registered to vote. He noted that these individuals had voted in multiple elections. He described the current list as the tip of the iceberg. He said the office will continue to investigate illegal voting. The Justice Department sent a letter to Washington election officials that was shared with NBC News. That letter contained the 24-hour deadline for the citizenship review.

The timing of the request coincides with a loss in federal court regarding California ballots. An appeals court ruled Monday against the Trump administration in that case. The court said the Justice Department did not give the lower court a chance to review the claims. In California, the department asked officials to hold ballots for 20,000 suspected noncitizens. Los Angeles County election officials filed a legal challenge. They argued the federal list came from old voting records. They said it included many apparent U.S. citizens with U.S. places of birth.

Washington has more than 5 million voters on its rolls. The state refused to share unredacted voter rolls with the Justice Department earlier this year. Floyd criticized that decision on Monday. He said the lack of data made his office's work more time-consuming. In an interview with radio host Jason Rantz, Floyd explained the methodology. His office compared lists of permanent legal residents against voter registration records. This search included green card holders.

Steve Hobbs, the Washington secretary of state, is reviewing the list. His spokesperson, Helen Smith, confirmed the review via email. Hobbs criticized the timing of the federal request in a statement. He said the state takes voter information protection seriously. He noted that the state will only respond to requests that follow due process. He referenced the events in California as a cautionary tale. He said the one-week notice was intended to cast suspicion on the results.

Noncitizens occasionally appear on voter rolls, though few vote. Voting while a noncitizen is a crime with a paper trail. It can lead to serious penalties, including deportation. Newly naturalized citizens are often flagged as noncitizens in voting records. This happens because there is no comprehensive list of U.S. citizens. The lack of a central database creates confusion in these checks.

The administration has sought to intervene in other state elections. Last week, the Trump administration sued Alaska over a Senate race. The suit targets a candidate who shares the name of the Republican incumbent, Dan Sullivan. The administration asked a court to block certification of the race unless the incumbent wins. This action was taken at President Donald Trump's suggestion.

Election experts told NBC News that the administration's lawsuits are on shaky ground. They noted that federal law does not give the Justice Department authority to intervene in certification or counting. The administration continues to push for federal involvement in state tallying processes. The Washington state office is now working through the 24-hour window.

The 24-hour deadline for the Washington review expires Tuesday. The state must determine how many of the 400 names match its records. The Justice Department will likely file for a court order if the state does not act. This follows the pattern in California where the department sued after the initial review period. The outcome in Washington will test the federal push for ballot control in mail-in voting states.