State of Washington v. Trump

On June 5, 2025, Public Rights Project (PRP) filed an amicus brief on behalf of local election officials in 33 jurisdictions. The brief argues that a new executive order that will overhaul elections nationwide will harm voters and impose unrealistic and unnecessary demands on local election administration. The brief was filed in the Western District Court of Washington in State of Washington v. Trump. 

The executive order requires an overhaul of voting machines, which are difficult to procure, are expensive to purchase and replace, and require significant set-up to implement.

PRP’s amicus brief argues that the order unlawfully attempts to direct state regulation of elections. It further explains that the Trump administration is attempting to shortcut the lengthy review and adoption process for voluntary voting systems guidelines. We argue that the executive order ignores the required legal processes and the complexity of running elections in  terms of staff capacity, cost, and differences across jurisdictions.

Note: Public Rights Project filed an amicus brief in a similar case in State of California v. Trump on behalf of local elections officials in 30 jurisdictions. Learn more.

Update:

On January 9, 2026, a federal court blocked key parts of the executive order, ruling they violated the Constitution’s separation of powers. 

The court blocked the administration from:

• Requiring documentary proof of citizenship to register to vote using the federal mail voter registration form
• Forcing states to change voting machine specifications or decertify machines
• Overriding state laws on counting mail ballots that arrive after Election Day (when postmarked on time)
• Threatening to cut federal funding to pressure states into compliance

What’s still being challenged: The court will also consider whether it’s unlawful to require overseas voters to provide citizenship documents when registering.

PRP’s amicus brief supported these arguments on behalf of 33 local jurisdictions.

The court’s decision reaffirmed that states and Congress — not the executive branch — have authority over election administration.