The Washington Attorney General joined two dozen Democratic state officials on Monday in urging the U.S. Supreme Court to keep a block on a federal executive order that would overhaul mail-in voting procedures just months before the November midterm elections.

The filing, led by California Attorney General Rob Bonta, argues that states lack the time to comply with the mandates and that the executive branch lacks the constitutional authority to administer elections, a responsibility assigned to the states. The group, which includes 22 attorneys general and Pennsylvania Governor Josh Shapiro, is responding to a Department of Justice request to overturn a lower court stay on the order.

President Donald Trump issued the executive order on March 31, 2026. According to reporting by the Washington State Standard, the order contains provisions that would alter election administration and ballot handling:

• Directs the U.S. Postal Service (USPS) to collect voter lists from states and only mail ballots to registered voters.
• Instructs the Department of Homeland Security (DHS) to compile lists of all voting-age U.S. citizens in each state.
• Directs the U.S. Attorney General to prioritize the investigation and prosecution of state and local officials regarding election administration.

The states argued that lifting the block now would allow the federal government to rush out an "unprecedented, legally indefensible" program. They warned that the high risk of errors and the limited window for corrections could disenfranchise millions of voters who rely on mail-in ballots, including those in rural areas and voters with disabilities.

The legal battle reached the Supreme Court after conflicting rulings in lower courts. U.S. District Judge Indira Talwani initially issued a stay against the order, a decision upheld by a three-judge panel of the U.S. 1st Circuit Court of Appeals. However, the D.C. Circuit Court of Appeals sided with the administration in a separate case, ruling that the challenge was premature because the USPS and DHS had not yet finalized the specific rules for implementation.

U.S. Solicitor General D. John Sauer argued the dispute is not yet ripe for judicial review for that reason. Conversely, the states argued that waiting for final rules would leave them in an untenable position, making it nearly impossible to redesign ballots, train officials, and educate the public before November.

The Supreme Court is considering the matter on its emergency docket. The outcome will directly affect election administration in Southwest Washington, where mail-in voting is the primary method for casting ballots. This follows a period of significant legal activity regarding federal mandates; as previously reported on July 31, 2026, a federal judge recently denied a request by Washington and 24 other states to pause new Medicaid work requirements.

In an amicus brief supporting the states, the Center for Election Innovation and various local officials stated that the order would force them to update procedures in the midst of primaries and just weeks before the general election. According to reporting by the Washington State Standard, a coalition of conservative groups led by attorney William Olson argued that the district court stay was an improper judicial intervention into agency actions that are not yet final.

Source: Democratic state officials urge US Supreme Court to affirm pause on Trump vote-by-mail order