AG Brown sues U.S. Postal Service over unlawful attack on vote-by-mail

Lawsuit seeks to block unconstitutional USPS rule that directs states to overhaul vote-by-mail procedures on an impossible timeline and risks disenfranchising eligible voters

Attorney General Nick Brown today co-led a coalition of 25 states in filing a lawsuit against the United States Postal Service (USPS) challenging its illegal attempt to claim authority to regulate mail-in voting.

Tens of millions of voters across the country rely on mail-in ballots, and the coalition argues USPS's rule will prevent states from effectively administering their mail voting programs, putting voters at risk of being disenfranchised.

"The Constitution is clear: states control elections-not the president," said Brown. "The U.S. Postal Service doesn't have the authority to deny Washingtonians the ability to vote. We will protect the rule of law."

On March 31, President Trump issued an executive order attempting to establish a national list of eligible voters and directing the U.S. Postal Service to transmit mail ballots only to voters on the list. Today, USPS officially published a new rule implementing the president's demands that require states to register with USPS every voter who is eligible to vote by mail with USPS and tasking USPS with compiling the registered voters into state-specific lists.

The rule also establishes new design requirements for the mail-in ballot envelopes created by states, which states are required to meet and get approved by USPS. Under the rule, USPS will not deliver ballots to voters who do not appear on the USPS-generated lists and will not deliver ballots in envelopes that fail to comply with the rule's new standards.

Brown and the coalition argue the rule inflicts significant, irreparable harm on states by imposing burdensome mail voting requirements that risk disenfranchising eligible voters. With the start of the general election season mere weeks away, states must bear the cost of redesigning their mail ballot envelopes and securing USPS review and approval before they can even register mail voters with USPS. Within a matter of weeks and without any additional resources, state election officials must also develop new systems to communicate mail voter lists to USPS to ensure that every eligible voter who is entitled to a mail ballot receives one. States must also create new guidance for election officials, train them on the new procedures, and educate the public about the changes prior to the upcoming election.

"Instead of focusing our attention on preparing for the upcoming midterms, we are being forced to spend valuable time and resources defending our constitutional right to administer its own elections," said Washington Secretary of State Steve Hobbs. "I appreciate Attorney General Brown's partnership in standing with us to protect our authority and defend Washington's free and fair elections."

Even if states were to meet these enormous administrative and financial burdens, the rule could still result in eligible voters not receiving their ballots due to, for instance, administrative errors or flaws in the new procedures.

The coalition argues that USPS's rule violates the Constitution, which makes clear that states have the primary authority to administer elections, and upends successful, longstanding vote-by-mail procedures. The lawsuit argues the rule is inconsistent with USPS's governing statutes, ignores USPS's procedural requirements, violates the Privacy Act, and is inconsistent with federal voting rights law. The coalition asks the court to strike down the unlawful rule and issue a temporary restraining order preventing the rule from taking effect while the litigation proceeds.

Over the past several decades, voting by mail has become more popular across the country. In the 2024 general election, nearly 4 million voters in Washington cast their ballot that they received by mail. 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.

Since the inception of vote-by-mail, Congress has never exercised its authority to limit it, and in fact, has only taken action to expand and protect mail voting for military and overseas voters. Congress has also never authorized USPS to monitor or control the transmission of mail ballots.

This USPS rule is the latest attempt by President Trump to exert federal control over elections and seize states' constitutional authority to administer elections. In April, Brown co-led a coalition of 24 states in suing the Trump Administration to block its unlawful Executive Order that prompted the creation of USPS's rule.

Brown is co-leading this lawsuit with the attorneys general of California, Massachusetts, and Nevada. It was also joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and the Governor of the Commonwealth of Pennsylvania.

Read the complaint.

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