In a bold legal maneuver, officials from 23 Democratic states and the District of Columbia initiated a lawsuit on Friday to thwart President Trump's recent executive order that seeks to impose restrictions on mail voting. The plaintiffs argue that the directive represents an unconstitutional overreach into the states' authority to manage their own electoral processes.
California spearheads the lawsuit, which was lodged in the U.S. District Court for Massachusetts. The complaint contends that neither the Constitution nor federal statutes empower the president to enforce sweeping alterations to state electoral frameworks or voting methodologies.
The plaintiffs assert that the executive order "transgresses Plaintiff States' constitutional power to prescribe the time, place, and manner of federal elections," characterizing it as an attempt to "amend and dictate election law by fiat based on the President's whims."
Signed on Tuesday, the executive order introduces new stipulations regarding mail voting just months ahead of the November midterm elections. It mandates the Department of Homeland Security to create "State Citizenship Lists" identifying U.S. citizens eligible to vote in federal elections, while also instructing the U.S. Postal Service to dispatch mail or absentee ballots exclusively to voters listed in each state’s registry.
Additionally, the order specifies requirements for mail ballot envelopes, including a unique barcode for tracking purposes. States and localities that fail to comply risk losing federal funding, raising concerns about potential coercion.
This directive has already faced opposition from a coalition of prominent Democratic organizations, which accuse Trump of attempting to manipulate election regulations for partisan advantage.
The states involved in the lawsuit caution that the president's order "violates bedrock principles of federalism and separation of powers." They emphasize that "Each Plaintiff State has duly enacted laws governing voter rolls and mail voting that are, where applicable, consistent with statutory requirements set forth by Congress." The executive order is seen as an infringement on state sovereignty and an attempt to usurp powers constitutionally reserved for both states and Congress.
Trump has consistently criticized mail voting, labeling it as "cheating" and a threat to election integrity. However, evidence of fraud related to mail-in ballots remains exceedingly rare, undermining his claims of widespread voter fraud.
Interestingly, Trump himself utilized mail voting last month during a special election for a Florida state House seat. Records indicate that First Lady Melania Trump and their son Barron also voted by mail, highlighting a contradiction in the president's stance.
The Constitution's Elections Clause grants states the authority to determine the "times, places and manner" of federal elections, while Congress retains the power to legislate election regulations. Despite Trump's frequent accusations against Democratic states regarding noncitizen voting, such actions are federally prohibited and instances are minimal.
This executive order emerges amid Trump's push for the Senate to pass the SAVE America Act, which would mandate proof of citizenship for voter registration and impose photo ID requirements for voting. Although the House approved this measure in February, its future in the GOP-controlled Senate remains uncertain, as most legislation requires a supermajority of 60 votes to advance.
Last year, Trump signed another executive order aimed at reforming U.S. elections by requiring documentary proof of citizenship for voter registration; however, significant portions of that order have been halted by judicial rulings.
