Oregon joined 23 states Wednesday, Aug. 26, in suing to block a USPS rule that would bar mail delivery of ballots from voters not federally confirmed as eligible.
The rule threatens the mechanics of how Hillsboro residents vote. Washington County is scheduled to mail ballots Wednesday, Oct. 14, for the Tuesday, Nov. 3, City Council election, where nine candidates are competing for three seats.
A federal judge set an Aug. 31 deadline for final briefs before deciding whether to issue a new temporary injunction blocking the rule.
What the rule does
The USPS rule, published in the Federal Register on Aug. 26, establishes new ballot-design requirements and mandates that states collect voter information and transmit it to the federal government. It forbids the Postal Service from delivering or collecting mail-in ballots from people who have not been confirmed as eligible voters.
Oregon has voted entirely by mail since 1998, when voters approved the system 69.4% to 30.6%. The state has more than 3 million active voters, according to the Oregon Secretary of State's office.
How it got here
The U.S. Supreme Court ruled Monday, Aug. 24, that earlier state challenges to President Donald Trump's March 31 executive order were premature because no enforceable final rule existed at the time. Three justices dissented. The court did not weigh in on whether the rule itself is constitutional, according to the Oregon Capital Chronicle.
U.S. District Judge Indira Talwani then lifted her nationwide preliminary injunction on Aug. 26, writing she was "compelled by the Supreme Court's ruling" to do so. But she noted the challengers "have substantial arguments that might persuade the Supreme Court to reach a different result" now that the rule is final.
The 24-state coalition and a separate group of voting rights organizations filed new complaints the same day, arguing the USPS rule is now a concrete, challengeable action.
Oregon's response
Attorney General Dan Rayfield accused Trump of politicizing the Postal Service at a news conference Aug. 26, saying "state attorneys general are working procedurally to hold the president accountable to our Constitution," as reported by the Beaverton Valley Times.
Secretary of State Tobias Read directed county clerks on Tuesday, Aug. 25, to continue following Oregon election laws and proceed with mailing ballots on schedule. Read told local officials to document when they drop ballots off with the Postal Service and any challenges they experience, including postal workers refusing to accept ballots, according to the Oregon Capital Chronicle.
The stakes are high.
"The purpose of this directive is to provide certainty to local elections officials and to voters alike: Our elections will go forward as they normally do," Read said at an Aug. 25 press conference in Salem.
The other side
White House spokeswoman Lauren Bis issued a statement Aug. 26 calling the Supreme Court ruling a major win for election security and accusing Democrats of opposing measures that protect mail-in ballot security.
The states' complaint argues Congress has not given USPS any authority to set rules for federal elections or mail voting. The complaint also says overhauling vote-by-mail systems less than three months before midterm elections would strain state resources.
What's next
Judge Talwani set a briefing schedule with the final brief due Monday, Aug. 31, before she decides on a new temporary injunction. Under Read's directive, military and overseas ballots must be mailed by Sept. 19, and all other Oregon ballots go out Oct. 14.
