SEATTLE (AP) — The Trump administration on Monday asked Washington state to set aside any ballots received from more than 400 people it alleges registered to vote without U.S. 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 U.S. Senate and House.
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In a letter to Washington Secretary of State Steve Hobbs, the Justice Department said it had identified 1,500 votes cast by the more than 400 people in prior elections. It asked the state to set aside any ballots they might cast in next month's midterm 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, Neil Floyd, the acting U.S. 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 DOJ'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 will 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. President Donald Trump has repeatedly sought to undermine public confidence in elections.
Meanwhile, Washington officials have noted that changes in U.S. 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 underway. All three states — Washington, California and Alaska — have House or Senate races that will help determine the balance of power in the nation's Capitol.
The race for Washington’s 3rd Congressional District is one of the most competitive in the country in this year’s midterm elections. Democrats are counting on Rep. Maria Gluesenkamp Perez winning reelection as crucial to their strategy of retaking the majority in the U.S. House. She has won twice in a district that also has supported Trump each time he’s been on the ballot.
The Justice Department sued in 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 doesn't win.
In California, a panel of federal appellate judges heard rare Sunday arguments and questioned the timing, constitutionality and authority of the Justice Department’s demand. On Monday, they declined to rule on the expedited timeline the DOJ requested and sent it back to a lower court.
The Elections Clause of the U.S. 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.
The Justice Department told Washington it anticipates sending the state an additional list of people it suspects are not citizens prior to Election Day. It also noted that some of the people it suspects registered without citizenship may have since become naturalized.
Investigations into prior allegations of noncitizen voters have revealed far fewer instances than the Trump administration has claimed. In Nevada, Trump’s administration alleged there were 1,500 potential noncitizen voters on the rolls but subsequent investigation found zero.
In Maricopa County, which includes Phoenix, the county recorder, who is a Trump supporter, announced that there were 207 possible noncitizens on the county’s rolls. The Republican County Attorney determined there were actually eight. ___ Boone reported from Boise, Idaho.
