DOJ seeks to segregate Washington ballots; Hobbs's office disputes its evidence

DOJ asks Washington to segregate ballots from people it identifies as noncitizens. Steve Hobbs questions the matching process and timing, invoking voter privacy and protections against removing eligible voters shortly before an election.

An official ballot drop box outside the Chinook Tribal Office in Bay Center, Washington.
An official ballot drop box in Bay Center, Washington, on March 27, 2021. File photo; not ballots identified in the 2026 dispute.

Case period:

Published by The Dispute Index editorial teamPublished Updated

United States Department of JusticeSteve HobbsWashington Secretary of State

Overview

The October 26 DOJ statement (opens in a new tab) alleges that more than 400 noncitizens are registered and have voted. Prosecutors ask for their ballots to be set aside until citizenship can be confirmed.

Hobbs's response (opens in a new tab) says the matching system frequently flags legitimate U.S. citizens and that one record dates to 1994. He invokes due process, voter privacy and limits on removals close to an election.

The public statements establish the opposing positions. They do not independently resolve the citizenship or eligibility of every person listed. The request to segregate ballots is distinct from a criminal conviction or a finding that every flagged ballot is unlawful. Hobbs's release describes the letter as an information request; the ballot-segregation demand is stated in DOJ's announcement.

People in this case

Timeline

2 timeline entries on this page. Dates: October 26, 2026

  1. October 2026

    1. Federal prosecutors request ballot segregation pending verification

      Source release

      DOJ publicly alleges noncitizen registration and voting and asks state officials to separate affected ballots while checking citizenship.

      [01]Washington federal prosecutors request segregation of flagged ballots

      The prosecutors allege noncitizen registration and voting and request segregation pending verification. Their allegation does not establish the eligibility of every person listed.

      Washington federal prosecutors request segregation of flagged ballotsNeil Floyd and Pete Serrano quotations; requested ballot treatment
    2. Hobbs challenges the request and its timing

      Reaction

      The secretary of state invokes due process and privacy protections and disputes the matching process.

      [02]Steve Hobbs responds to DOJ's Washington voter-data request

      Hobbs disputes the request's timing and the reliability of the matching process and invokes voter privacy and due process.

      Steve Hobbs responds to DOJ's Washington voter-data requestHobbs quotations and discussion of matching errors

Response record

Responses

Choose one response filter, or select All responses to see the full record.

3 responses. Newest first.

  1. United States Department of JusticeU.S. Department of Justice, through First Assistant U.S. Attorney Pete SerranoDirectly involved

    Before this statement

    The release says the two U.S. Attorney's Offices for Washington asked state election officials to segregate ballots cast by more than 400 people who appear to be illegally registered to vote. Acting U.S. Attorney Neil Floyd says the investigation found noncitizens registered and voting.

    "Our purpose in sharing this data with the Secretary of State is to protect the sanctity of each citizen’s vote,"
    Defended or excused

    Case context: DOJ seeks to segregate Washington ballots; Hobbs's office disputes its evidence

    Full statement and sources

    Speaking for the U.S. Attorney's Office in its release, First Assistant U.S. Attorney Pete Serrano says the office shares the data with the Secretary of State to protect the sanctity of each citizen's vote.

    After the statement

    The release says the offices will ask the Secretary of State to set aside these individuals' vote-by-mail ballots until their citizenship can be confirmed, and that they welcome working with Washington to uphold the integrity of its elections.

    Washington federal prosecutors request segregation of flagged ballotsNeil Floyd and Pete Serrano quotations; requested ballot treatment

    Why this label?

    Relative to DOJ's ballot-segregation demand, its statement gives an affirmative election-integrity justification.

    This label describes the statement's response within the context above.

  2. Steve HobbsWashington secretary of stateDirectly involved

    Before this statement

    The release describes increased ballot rejections from late postmarks in Washington's August primary.

    "At a time when thousands of Washington voters already face ballot rejections due to delayed postmarks, our focus should be on ensuring every eligible voter can exercise their right to vote, not creating additional uncertainty about their eligibility,"
    Condemned

    Case context: DOJ seeks to segregate Washington ballots; Hobbs's office disputes its evidence

    Full statement and sources

    Hobbs criticizes adding uncertainty about voter eligibility while delayed postmarks already cause ballot rejections.

    After the statement

    Hobbs says protecting voting rights and private information remains the priority and that his office will not release information protected by law.

    Steve Hobbs responds to DOJ's Washington voter-data requestHobbs quotations and discussion of matching errors

    Why this label?

    Relative to the federal request, Hobbs criticizes creating additional uncertainty about eligible voters' right to vote.

    This label describes the statement's response within the context above.

  3. Washington Secretary of StateOffice of the Washington Secretary of State, official releaseDirectly involved

    Before this statement

    The office says election officials investigate suspected fraud and refer cases to local law enforcement when appropriate.

    "The system the DOJ uses frequently flags legitimate U.S. citizens as noncitizens, jeopardizing their legal right to vote."
    Condemned

    Case context: DOJ seeks to segregate Washington ballots; Hobbs's office disputes its evidence

    Full statement and sources

    The office criticizes the reliability of the matching system and says it jeopardizes eligible citizens' voting rights.

    After the statement

    The next passage raises data-retention concerns and says one of the approximately 400 records in DOJ's letter is from 1994.

    Steve Hobbs responds to DOJ's Washington voter-data requestHobbs quotations and discussion of matching errors

    Why this label?

    Relative to the DOJ request based on the matches, the office expressly criticizes its evidentiary basis and the risk to eligible voters.

    This label describes the statement's response within the context above.

Sources

(2)

Official statement

Washington federal prosecutors request segregation of flagged ballots

Washington federal prosecutors request segregation of flagged ballots (opens in a new tab)Neil Floyd and Pete Serrano quotations; requested ballot treatment
Read source (opens in a new tab)

Relevant passage: Neil Floyd and Pete Serrano quotations; requested ballot treatment

About this source

The prosecutors allege noncitizen registration and voting and request segregation pending verification. Their allegation does not establish the eligibility of every person listed.

Author
U.S. Attorney's Office, Eastern District of Washington
Published
Accessed
Archived copy (opens in a new tab)

Official statement

Steve Hobbs responds to DOJ's Washington voter-data request

Read source (opens in a new tab)

Relevant passage: Hobbs quotations and discussion of matching errors

About this source

Hobbs disputes the request's timing and the reliability of the matching process and invokes voter privacy and due process.

Author
Washington Secretary of State
Published
Accessed

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Cite this record

Publisher
The Dispute Index
Title
DOJ seeks to segregate Washington ballots; Hobbs's office disputes its evidence
First published
Last updated
Permalink
https://disputeindex.com/cases/washington-doj-flagged-noncitizen-ballots-hobbs

The Dispute Index. "DOJ seeks to segregate Washington ballots; Hobbs's office disputes its evidence". First published: 2026-10-28. Last updated: 2026-10-28. https://disputeindex.com/cases/washington-doj-flagged-noncitizen-ballots-hobbs