AG Brown sues to block executive order that undermines voting rights

Attorney General Nick Brown today co-led a coalition of 23 attorneys general and one governor in challenging the President's unlawful executive order restricting voter eligibility and mail-in voting.

"The President wants to control your vote. He wants to tell the Postal Service what ballots they can accept and when. But this is patently unconstitutional," Brown said. "Mail-in voting is safe and legal in Washington. We will do everything we can to defend it. And come November, despite the president's lawless threats, we'll once again use that power to protect our democracy."

On March 31, President Trump signed an executive order attempting to establish a national list of eligible voters and directing the U.S. Postal Service, an independent federal agency, to transmit mail ballots only to those on the list. In the order, the President threatens states and elections officials with criminal prosecution and the loss of federal funding if they do not comply with his demands. The attorneys general argue that the order would require states to act contrary to their own voter roll procedures, vote-by-mail systems, and voter registration laws.

Brown successfully co-led a lawsuit with Oregon challenging a previous executive order from President Trump taking aim at vote-by-mail states by requiring that ballots be received by Election Day and that voters provide documentary proof of citizenship. A federal judge in Seattle found that the President exceeded his authority and that his actions violated the separation of powers.

Washington's safe and secure vote-by-mail system was originally championed with bipartisan support and is popular with voters because of how it improves access to democracy.

State and federal law entitle all eligible voters to cast ballots and have their votes counted in state and federal elections. The states filing today's lawsuit permit registered voters to cast their ballots by mail if they meet their state's requirements for doing so. Voters of all parties, in all states, and of every demographic utilize mail-in voting - including the President himself.

In its lawsuit, the coalition explains that the U.S. Constitution gives states the primary authority to administer elections. In contrast, the Constitution does not allow the President to unilaterally impose changes to federal election procedures, particularly without an act of Congress permitting him to do so.

Moreover, the administration of elections is highly complex and requires substantial planning and preparation. The attorneys general argue that the President's executive order would require states to upend their existing election administration procedures for upcoming elections and conduct statewide voter education at a dangerously quick pace - potentially within weeks of primary elections and mere months before the beginning of mail voting for the 2026 general election. The coalition argues that such drastic and rapid changes will undoubtedly create confusion, chaos, and distrust in state election systems, all while threatening to disenfranchise eligible voters.

The attorneys general allege that the President's executive order violates the separation of powers and unlawfully interferes with states' mail voting programs. The coalition asks the court to prevent the federal government from implementing or enforcing the executive order.

In addition to Brown, Massachusetts Attorney General Andrea Joy Campbell, California Attorney General Rob Bonta, and Nevada Attorney General Aaron Ford are leading the lawsuit. Joining them are the attorneys general of Arizona, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and the Governor of Pennsylvania.

A copy of the lawsuit will be available here later today.

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