President Donald Trump has been working day and night to make sure Americans can’t freely and fairly exercise their right to vote this fall, and he will continue to use any and all of the institutions he controls to make sure that happens. But he doesn’t control the people, at least not those in Washington state.
Over the past 30 days Trump has overtaxed federal courts and the United States Postal Service to make sure his scheme will work this November and beyond. And now, in an emergency request, the administration has asked the U.S. Supreme Court to allow the Postal Service to determine who’s mail-in ballots are valid. Though by law elections are the state’s responsibility, Trump seems determined to give that charge to the postmaster general. Lawmakers, judges and voters should reject that notion and lock arms to guard the U.S. Constitution.
Trump issued an executive order this spring that would require states to give the federal government a list of registered voters who are eligible to vote by mail. The Department of Homeland Security would develop a list of citizens that would be used to prevent ballots from being sent to noncitizens. Under the order, even states’ ballot envelops would have to be approved by the postal service.
Washington’s voting system is among the most safe and secure in the nation. State Attorney General Nick Brown has twice sued the administration over the executive order; 23 other states joined the lawsuit.
After hearing the case, federal Judge Indira Talwani on Aug. 27 issued a temporary order barring the administration from using the system until Sept. 10. She extended the order late Friday indefinitely.
Beyond the obvious, there’s another reason for Washingtonians to be concerned. Washington’s Democratic U.S. Sen. Maria Cantwell and Secretary of State Steve Hobbs said last week that about 20,000 primary ballots were not counted because they were postmarked too late. That’s an increase of the 32% over the comparable 2024 primary. They cited the postal services change to having ballot’s postmarked at a regional processing center instead of at local post offices as the reason, a blatant delay tactic. In some rural areas of the state, up to 5% of the ballots were postmarked late.
Trump’s request at this late hour would disenfranchise voters, including those in the military serving abroad.
North Carolina began mailing ballots to voters on Friday. At this late date, the Supreme Court should invoke the Purcell Principle and refuse to hear Trump’s request this close to the election.
But, if justices take up the request, they should make a ruling that follows the Constitution, not political preference. Responsibility for elections don’t belong to the president, the postal service or the Department of Homeland Security.
It belongs to the states.
