Legal Battle Erupts as Washington and Oregon Challenge Trump’s Election Order

Legal Battle Erupts as Washington and Oregon Challenge Trump’s Election Order

Washington and Oregon have launched a federal lawsuit against the Trump administration, contesting an executive order they claim could suppress mail-in voting ahead of the November elections. Filed on September 12 in U.S. District Court, the states allege the order creates unnecessary barriers for postal voters, potentially disenfranchising millions. The case highlights escalating tensions over voting rights and election security.

States Allege Voter Suppression Tactics

The lawsuit centers on Executive Order 13848, issued in 2018 but recently amended, which grants federal agencies expanded authority to investigate alleged election interference. Washington Attorney General Bob Ferguson argues the changes could enable “politically motivated voter intimidation” by allowing federal agents to challenge mail ballots without evidence. Oregon Secretary of State Shemia Fagan calls it “a solution in search of a problem.”

Key concerns include:

• New requirements for postal workers to flag “suspicious” ballots
• Expanded FBI access to voter registration databases
• Potential delays in mail delivery due to additional screening

“This isn’t about security—it’s about sowing chaos,” Ferguson stated at a press conference. “When 98% of Washington voters used mail ballots in 2020 without fraud, these new rules serve only to undermine confidence.”

Data Shows Mail Voting’s Critical Role

Both states rely heavily on vote-by-mail systems, with Oregon pioneering universal postal elections in 2000. Recent statistics reveal:

• 89% of Oregon’s 2.9 million registered voters cast mail ballots in 2022
• Washington processed 3.2 million mail votes last election cycle
• National mail voting peaked at 46% in 2020 amid pandemic concerns

Election security expert Dr. Lila Chen of Stanford University notes: “Peer-reviewed studies show mail voting fraud occurs in 0.00006% of cases—far less than in-person voting. These states have decades of data proving their systems work.”

Administration Defends Election Security Measures

Justice Department attorneys counter that the order strengthens protections against foreign interference. A 2022 DHS report identified mailed ballots as “potential vectors for manipulation,” though it cited no domestic instances.

“We’ve seen hostile nations target election infrastructure,” said U.S. Attorney Gregory Hanks. “This provides tools to detect threats while preserving lawful voting.” Conservative groups like the Heritage Foundation support the order, arguing all voting methods require equal scrutiny.

Legal Precedents and Potential Outcomes

The case joins over 40 pending election-related lawsuits nationwide. Legal analysts highlight two critical factors:

1. The Voting Rights Act’s protections against discriminatory practices
2. States’ constitutional authority to administer elections

University of Washington law professor Mark Jenkins observes: “Courts typically defer to states on election procedures. But if plaintiffs prove intentional voter suppression, this could become a landmark case.”

What’s Next for Voters and Policymakers

With the first hearing scheduled for October 3, election officials urge voters to:

• Verify registration status through state portals
• Request mail ballots early
• Use official drop boxes as alternatives to postal mail

As the legal battle unfolds, its ramifications could extend beyond 2024. “This isn’t just about one election cycle,” notes Fagan. “It’s about whether every eligible American can participate in democracy without artificial barriers.”

Stay informed: Track this developing story through your state’s election website or nonprofit voting rights organizations like the Brennan Center for Justice.

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