Judge blocks DOJ from forcing Washington state to set aside ballots
Federal judge blocks DOJ from forcing Washington to discard ballots from potentially noncitizen voters.
FILE - An election worker reaches for an unopened ballot during sorting at the Clackamas County Elections office, Nov. 7, 2024, in Oregon City, Ore (AP Photo/Jenny Kane, File)
A federal judge issued a temporary restraining order on Nov. 5, 2026, prohibiting the U.S. Department of Justice from requiring Washington state election officials to set aside ballots from approximately 400 voters. U.S. District Judge Jamal Whitehead ruled that federal prosecutors had issued coercive demands rather than requests, while also threatening local officials with potential prosecution for counting ballots from voters identified on a federal list as potentially noncitizens.
The legal challenge was brought by OneAmerica Votes, the Latino Community Fund of Washington State, and the United Food and Commercial Workers International Union. The plaintiffs argued that the list provided by federal authorities was unreliable and risked disenfranchising eligible voters. Washington Secretary of State Steve Hobbs characterized the list provided by the DOJ as a dumpster fire, citing concerns over its accuracy.
The dispute began on Oct. 26, 2026, when acting U.S. Attorney Pete Serrano and First Assistant U.S. Attorney Neil Floyd sent the list to Secretary Hobbs, demanding a review within 24 hours and a suspension of processing for those specific ballots. Judge Whitehead stated that voters who followed the rules should not lose their votes due to a list that its own authors admitted might include citizens.
Under the terms of the temporary restraining order, the DOJ is barred from demanding that election officials set aside ballots based on the federal list or threatening officials with prosecution for following state law. The order will remain in effect for 14 days. A hearing is scheduled for Nov. 18, 2026, to determine whether to issue a longer-lasting preliminary injunction.