The DOJ says it intends to use the information to look for voter ineligibility

Carleen Johnson
The Center Square Washington

Washington Secretary of State Steve Hobbs has no intention of complying with a U.S. Department of Justice request for information from the state’s voter registration list.

On Sept. 8, the DOJ sent a letter to Hobbs requesting a copy of the state’s voter registration database within 14 days. The request included sensitive personal data for each registered voter: full name, date of birth, residential address, driver’s license number, or the last four digits of their Social Security number.

The DOJ says it intends to use the information to look for voter ineligibility.

“The information the DOJ is requesting is protected under RCW 29A.08.710 and not subject to disclosure,” SOS Director of External Affairs Charlie Boisner emailed The Center Square on Thursday. “Washington voters expect and trust us to protect their personal information, and releasing it without clear legal justification would undermine that trust.”

In May, the DOJ began sending requests to several states for copies of voter registration databases. The department cited authority under the National Voter Registration Act and the Help America Vote Act.

Some states have cooperated, but several states – including Maine, Oregon, and now Washington – have refused the request, citing privacy concerns and contending the government has no legal basis for it.  

“The letter does not indicate that the information would be used to identify criminals or illegal immigrants,” Boisner continued. “Secretary Hobbs is concerned this request represents an overreach by the federal government into Washington’s independent management of its voter database.”

State law, he said, means processes and systems are already in place – RCW 29A.08.125 (5), (7d), and (10) – to verify a person’s eligibility to vote in Washington.

“The Office of the Secretary of State has no authority over immigration enforcement or criminal investigation, so using the information of legally registered voters for those purposes is not within the scope of this office,” Boisner noted.

Washington State Republican Party Chair Jim Walsh pointed out the supremacy of federal law over state law.

“Is this a joke? State law does not supersede federal law. Article 1, Section 2, of the Washington State Constitution recognizes the U.S. Constitution as the ‘supreme law of the land.’ By extension, federal statutory law takes precedence over state law when there’s a conflict,” Walsh emailed The Center Square.

Walsh, who also serves in the state House of Representatives, is behind an initiative campaign to require Washington residents to prove they are U.S. citizens before receiving an election ballot.

Under the proposed measure, a prospective voter must show an enhanced driver’s license or present another form of identification, like a passport or birth certificate, at a county auditor’s office when they first register. Those already registered to vote would have their registration canceled if they don’t supply such proof by the November 2027 election. That’s when the changes would take effect.

Boisner said his office is aware of the DOJ’s litigation against states that aren’t complying.

“The DOJ recently publicized its plans for litigation against Oregon and Maine secretaries of state for not turning over all the information they requested, so the threat of litigation against Washington is real. We are assessing our options and reviewing the legal basis for the request, as Secretary Hobbs has the utmost respect for the rule of law,” Boisner said. “However, a letter of request from the DOJ is not itself law, and any action we take must be grounded in clear legal authority.  Secretary Hobbs is committed to protecting the privacy of Washington voters and upholding the trust they place in us to safeguard their personal information.”

Walsh floated another possibility.

“Speaking hypothetically, if a whistleblower in the state government has already provided the U.S. Department of Justice with Washington’s voter registration data, [DOJ’s] lawful request might be a test of Hobbs’ effectiveness and transparency,” he said. “Will he pass?”

This report was first published by The Center Square Washington.