Trump administration asks Washington to set aside hundreds of ballots from suspected noncitizen voters

The Trump administration on Monday asked Washington state to set aside any ballots received from more than 400 people it alleges are registered to vote without US citizenship, less than two weeks after making a similar demand in California.

The announcement is the latest sign of the administration’s attempts to sow doubts about the election or its outcome in states with races that will help determine control of the US Senate and House.

In a letter to the Washington secretary of state, Steve Hobbs, the justice department said it had identified 1,500 votes cast by more than 400 people in prior elections. It asked the state to set aside any ballots they might cast in next month’s midterm elections until state officials can confirm they are legally eligible to vote. The state has more than 5 million registered voters, and the state issues mail ballots to all of them.

At a news conference, Charles Neil Floyd, the acting US attorney in Seattle, said he believed the 405 voters identified so far represented “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.

Hobbs said he was reviewing the justice department’s request. His office noted that the data shared by the department included the last time each of the 405 people voted. One was in 1994.

“The timing of this request – one week before the general election – is no doubt intended to cast unfounded suspicion on the results,” Hobbs said.

Much of the list was built based on “recent contacts” with suspected noncitizens, Floyd said, because federal officers are now routinely checking to see if the people they interact with are registered to vote.

Without access to those state records, proving someone illegally voted would be difficult, Floyd said. The justice department has demanded information including addresses, dates of birth, driver’s license numbers and partial social security numbers.

The effort is the latest by the administration to identify noncitizen voters, even though noncitizen voting is exceptionally rare. Donald Trump has repeatedly sought to undermine public confidence in elections.

Meanwhile, Washington officials have noted that changes in US Postal Service operations have disenfranchised thousands of legitimate voters.

The Washington request marks the third time this month that the justice department has brought a direct state challenge as voting is under way. All three states – Washington, California and Alaska – have House or Senate races that will help determine the balance of power in the country’s Capitol.

The race for Washington’s third congressional district is one of the most competitive in the country in this year’s midterm elections. Democrats are counting on Congresswoman Marie Gluesenkamp Perez winning re-election as crucial to their strategy of retaking the majority in the House. She has won twice in a district that also has supported the president each time he has been on the ballot.

The justice department sued California as part of a similar attempt to require the state to set aside mail ballots from up to 20,000 people the federal government suspects may not be citizens. Another lawsuit filed in Alaska last week seeks to delay certification of the vote if the Republican incumbent does not win.

In California, a panel of federal appellate judges heard rare Sunday arguments and questioned the timing, constitutionality and authority of the Department of Justice’s demand. On Monday, they declined to rule on the expedited timeline the justice department requested and sent it back to a lower court.

The elections clause of the US constitution gives state legislatures the power to set the time, place and manner of congressional elections.

Los Angeles county assistant registrar-recorder Monica Flores said in a court filing that her staff went through a sample of 200 records from the Trump administration’s list. They found the sample included canceled or inactive registrations, people with no voting history and voters who appeared to have been born in the United States.

California state officials touted the appeals court’s decision on Monday as a victory for voting rights. The state’s attorney general, Rob Bonta, vowed to “fight back against the administration’s unlawful overreach at every turn”. California’s governor, Gavin Newsom, meanwhile accused Trump of an assault on democracy.

The justice department told Washington it expected to send the state an additional list of people it suspects are not citizens before election day. It also noted that some of the people it suspects registered without citizenship may have since become naturalized.

Nick Robins-Early contributed reporting