Federal prosecutors asked Washington election officials to set aside ballots submitted by the 405 people on the list until their eligibility could be confirmed. The request marks an escalation in a dispute between the Justice Department and state officials over access to voter registration records and the handling of ballots cast by people whose citizenship status is in question.
Officials warned that the 405 figure likely represents only a fraction of non-citizens who have voted in the state. Floyd said the sample gathered so far suggests thousands more may have cast ballots in Washington elections, though he did not provide an estimate of the total number.
Floyd said the 405 identified non-citizens accounted for more than 1,500 ballots and that the number is not the full count of non-citizens who have voted in Washington. "This is only the tip of the iceberg," Floyd said. "With a small sample that we have collected so far, we are confident that we are looking at thousands of non-citizens who have been voting in Washington."
The U.S. Attorney's Offices for Washington's Western and Eastern districts said they provided information about the identified individuals to state election officials. According to the federal announcement, many of those identified are lawful permanent residents, or green card holders, whose immigration status does not make them eligible to vote in Washington elections.
Prosecutors said investigators heard from green card holders who reported being registered without their knowledge through Washington's Motor Voter program and who later received ballots. The announcement stated that receiving a ballot does not establish eligibility and urged non-citizens who are registered to contact the Secretary of State's Office to cancel their registrations. The department's Civil Rights Division notified Washington's secretary of state in July that it was examining whether non-citizens were registered, the federal offices said.
Floyd accused Washington officials of obstructing efforts to determine the full extent of illegal voting by withholding the complete voter registration database with identifying information. He said the state makes a public voter registration database extract available, but that the extract differs from the complete, unredacted records federal investigators seek.
"Unfortunately, Washington is fighting in court to keep us from getting access to the full database," Floyd said. "We may never know the full extent of illegal voting in this state without access to the full database of registered voters."
Washington Secretary of State Steve Hobbs, Attorney General Nick Brown and Governor Bob Ferguson have previously defended the state's all-vote-by-mail election system and are fighting in court to keep voter rolls from the federal government. The state's position has centered on privacy protections for registered voters and the terms under which voter data may be shared with federal agencies.
First Assistant U.S. Attorney Pete Serrano of the Eastern District of Washington said the purpose of providing the information was to protect eligible voters. "Free and fair elections should be the concern of every United States citizen," Serrano said. "Our purpose in sharing this data with the Secretary of State is to protect the sanctity of each citizen's vote."
Prosecutors warned that knowingly submitting false citizenship claims on voter registration applications or lying about voting history during the naturalization process can lead to criminal charges. The maximum penalty for such offenses is five years in federal prison, according to the federal announcement.
The disclosure comes amid broader federal scrutiny of voter registration systems. The Justice Department has pursued access to state voter rolls in other jurisdictions, and the U.S. Attorney's Offices for the Western and Eastern Districts of Washington said the investigation into non-citizen voting in the state is continuing.
Floyd said that now the state is on notice, it is incumbent upon state officials to ensure they are counting only legal votes. "If the state of Washington knowingly or unknowingly allows a non-citizen to vote, they are canceling out or stealing the vote of the United States citizen," he said.
Floyd said investigators would continue pursuing illegal voting and anyone who knowingly facilitates it. "If you are not a United States citizen and you register to vote, and you vote illegally, we will find you," he said. "We will continue to investigate, and we will criminally prosecute those who vote illegally and those who assist others in voting illegally."
The announcement leaves open questions about how many of the 405 individuals may face charges and how state officials will respond to the request to set aside ballots. Washington officials have not indicated whether they will comply with the request, and the dispute over database access remains before the courts.