Federal Judge Blocks DOJ Demand to Toss 400 Washington Ballots
A judge barred DOJ from demanding Washington discard 400 ballots over citizenship claims.
Why it matters: The ruling highlights friction between federal and state authorities on election oversight and voting rights enforcement. It raises critical questions about federal authority limits in election administration.
- On Oct 26, DOJ demanded Washington set aside over 400 ballots using an inaccurate list including U.S. citizens.
- Washington Secretary of State Steve Hobbs rejected DOJ’s demand, calling the list unreliable and illegal to act on without proof.
- On Nov 5, Judge Jamal Whitehead issued a two-week restraining order barring DOJ threats or demands to exclude ballots.
- Similar federal efforts in California and Alaska were also blocked by judges around this time.
On October 26, 2026, the Department of Justice sent letters to Washington state election officials demanding that they set aside over 400 ballots cast by registered voters alleged to be noncitizens, according to a Washington Post report. The DOJ's list was found to include U.S. citizens, raising concerns about accuracy and proper vetting.
Washington Secretary of State Steve Hobbs strongly pushed back on the DOJ’s approach. In his response letter on October 28, 2026, Hobbs called the DOJ list "unreliable" and warned that setting aside ballots without individualized proof of ineligibility would be illegal. He said the timing, just a week before the general election, seemed intended "to cast unfounded suspicion on the results." More details can be found in his official statement.
Following a lawsuit filed by voter advocacy and labor groups alleging voter intimidation and constitutional violations, U.S. District Judge Jamal Whitehead issued a temporary restraining order on November 5. This order bars the DOJ from threatening election officials or demanding ballot exclusions based on the federal list for two weeks. Judge Whitehead emphasized that while stricter policies might be a good public idea, the Executive Branch must not overstep its constitutional authority in election matters.
Meanwhile, similar DOJ attempts to challenge ballots in California and Alaska have also been blocked by federal courts. For instance, a federal judge denied the DOJ’s bid to stop processing about 20,000 California ballots from alleged noncitizens, highlighting a consistent judicial resistance to aggressive federal voting challenges nationwide, as reported by WBUR.
The case underscores ongoing tensions between federal election oversight efforts and state election administration, balancing combating voter fraud and protecting voting rights.
By the numbers:
- 400+ ballots labeled for exclusion in Washington — per DOJ claims
- 2-week temporary restraining order issued — barriers on DOJ ballot exclusion demands
- 20,000 ballots challenged in California — also blocked by federal courts
Yes, but: While DOJ argues for stricter election integrity measures, courts emphasize constitutional limits and the risk of disenfranchisement without individual proof of ineligibility.
What's next: The two-week restraining order sets a temporary pause; it remains unclear if DOJ will appeal or revise its approach in Washington.