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Feds Can’t Force WA to Set Aside Alleged Noncitizen Ballots, Judge Rules

The 14-day order says federal officials may ask for cooperation but cannot compel counties to set aside or ignore ballots for about 400 voters.

  • On Thursday, U.S. District Judge Jamal Whitehead issued a 14-day restraining order barring the Trump administration from forcing Washington state election officials to set aside ballots of suspected noncitizens or threatening them with prosecution.
  • Acting U.S. Attorney Pete Serrano and First Assistant U.S. Attorney Neil Floyd demanded Secretary of State Steve Hobbs hold off counting about 400 ballots, which Hobbs called a "dumpster fire disguised as a legal document."
  • The ruling aligns with Ninth Circuit and Supreme Court decisions in California, which established that federal law does not allow the Justice Department to "take charge of or intervene in a state's administration of an ongoing election."
  • For two weeks while counties certify results by November 24, the order protects election workers, though it does not block federal authorities from investigating potential illegal voting or asking states to cooperate voluntarily.
  • Justice Department spokesperson Kiersten Pels said the agency is reviewing the order, while Whitehead scheduled a hearing for November 18 to determine whether to extend the injunction beyond the initial 14-day period.
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Feds can’t force WA to set aside alleged noncitizen ballots, judge rules

The Trump administration can’t force Washington state election officials to set aside ballots from 400-plus voters alleged to be noncitizens, a federal judge in Seattle ruled Thursday.

·Vashon, United States
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Courthouse News Service broke the news in Pasadena, United States on Thursday, November 5, 2026.
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