A voter drops a ballot into a drop box at the Salt Lake County Government Center in Salt Lake City on Election Day, Tuesday, November 5, 2024. (Photo by Spenser Heaps for Utah News Dispatch)
Democrats filed a lawsuit Wednesday over President Donald Trump’s executive order limiting mail-in voting, signaling the start of another fight with the White House over the election.
Orderwhich would create a national list of voting-age U.S. citizens and order the U.S. Postal Service to impose limits on mail-in ballots is an unusual and illegal attempt by Trump to intervene in the voting process, election experts say.
A number of Democratic groups, including the Democratic National Committee, filed a federal lawsuit contrary to an order issued in the District of Columbia overdue Wednesday. Also plaintiffs are U.S. Sen. Chuck Schumer of New York, the minority leader, and House Minority Leader Hakeem Jeffries of New York. They are represented by Marc Elias, a prominent progressive voting rights advocate.
In the 61-page complaint, Democrats claim that Trump has “repeatedly attempted” to rewrite election rules to his advantage. It accuses the president of acting beyond his authority and unlawfully abusing the power of Congress and the states, as well as violating the authority of the U.S. Postal Service.
“The provisions of the implementing regulation are convoluted and confusing,” the complaint says. “It is clear that this drastically limits Americans’ ability to vote by mail, striking at traditional state power.”
Several Democratic election officials have also vowed to challenge the order.
“The executive order is unconstitutional and I think it is very likely that it will be overturned,” Colorado Democratic Secretary of State Jena Griswold said in an interview. She said her state would join legal action against the order.
Arizona Secretary of State Adrian Fontes said he would meet with the federal government in court, while Nevada Secretary of State Francisco Aguilar said “we look forward to the day when we challenge this illegal action.” Maine Secretary of State Shenna Bellows said her state “will not obey from above” because states, not Trump, are in charge of elections.
Support groups have also promised lawsuits. The Campaign Legal Center said it would challenge the order along with its partners, the Fund for Defenders of Democracy, the League of United Latin American Citizens and other organizations.
The White House calls for passage of the SAVE America Act
Before Democrats filed the lawsuit, White House spokeswoman Abigail Jackson said in a statement that election integrity had always been a top priority for Trump. She also called on Congress to pass the SAVE America Act, which would require voters to provide proof of citizenship in order to register to vote.
“The president will do everything in his power to defend the security of America’s elections and ensure that only American citizens vote,” Jackson said.
In Nebraska, Republican Secretary of State Bob Evnen downplayed the possibility of immediate changes to his state’s elections, praising Trump for prioritizing election integrity. The Nebraska primary election will be held on May 12.
“In the coming months, we will continue to monitor and participate in how the implementation of the executive order may impact the November 3 general election,” Evnen said. Nebraska Examiner.
Tens of millions of Americans vote by mail in federal elections, underscoring the importance of any severe restrictions on mail-in voting. About 30% of voters cast absentee ballots in 2024, according to data collected by the U.S. Election Assistance Commission.
Another electoral challenge
Opponents of Trump’s election-related moves have a good track record in court.
Trump’s first executive order on the election, issued just over a year ago, attempted to require voters to prove their citizenship. While Congress is debating the SAVE America Act, which would impose similar requirements, federal courts have found that the president exceeded his authority by trying to unilaterally impose changes.
Nearly 30 states are also fighting lawsuits from the U.S. Department of Justice seeking to force them to turn over voter copies containing sensitive personal information about voters. So far, three federal judges have ruled against the Trump administration.
State administration of elections is a fundamental feature of American democracy enshrined in the United States Constitution. States conduct and regulate elections, but Congress – not the president himself – can overrule states and set national standards.
At its core, critics of Trump’s order say it tramples on state power and bypasses Congress.
“Once again, the President is trying to overstep his authority and take control of our elections. Now he is trying to weaponize the United States Postal Service against voters. We will not tolerate it,” U.S. Rep. Bennie Thompson of Mississippi, the top Democrat on the House Homeland Security Committee, said in a statement.
“This will help a lot.”
Trump, signing it during the election, saw the order as a necessary step to ensure election integrity Event in the Oval Office on Tuesday. He acknowledged it would likely face legal challenges, but called it “robust.”
Trump, who has long called the 2020 election stolen, falsely asserted that the election was marred by significant fraud, claiming the executive order was intended to “stop the massive fraud that is taking place.” In fact, cases of foreigners voting are extremely occasional.
“I think it will help a lot in the election,” Trump said.
The order requires the Department of Homeland Security, with the assistance of the Social Security Administration, to compile a list of voting-age U.S. citizens residing in each state and then provide that information to state officials at least 60 days before each federal election. The order doesn’t tell states how to utilize the data, but it does instruct U.S. Attorney General Pam Bondi to prioritize investigations into state and local officials who issue federal ballots to ineligible voters.
According to the ordinance, the list of citizens will be prepared from naturalization and ZUS files. It will also contain data from SAVE, a powerful computer program run by Homeland Security, which verifies citizenship by comparing names with information in federal databases.
The Trump administration has encouraged states to conduct voter rolls through SAVE to identify potential foreigners, but some election officials say this incorrectly labels Americans as foreigners. Several voting rights and civic groups have sued over SAVE’s utilize in Texas.
Department of Justice confirmed last week that it will share the obtained voter data with the Department of Homeland Security. At the same time, Justice Department lawyers have argued vehemently in court that the Trump administration is not creating a national voter registration list.
“And yet here is an executive order that very openly and clearly directs DHS to create a national voter database,” David Becker, executive director of the nonpartisan Center for Election Innovation and Research, told reporters Wednesday.
The involvement of the Postal Service was questioned
The order directs Postmaster General David Steiner, who was appointed to the position by the USPS Board of Governors last year, to require each outgoing mail-in ballot to be in an envelope containing a tracking barcode.
At least 90 days before a federal election, states must notify the U.S. Postal Service whether they intend to allow mail-in ballots. States would then have to send the USPS a list of voters planning to vote by mail at least 60 days before the election.
“Today, the president will ensure that mail-in ballots are secure and accurate,” U.S. Secretary of Commerce Howard Lutnick told reporters on Tuesday.
Trump’s efforts to bring the USPS into the election administration run counter to the agency’s own policies. When the Postal Service updated its rules last year, it noted that it did not set rules or deadlines for elections, nor did it specify how the mail was used during elections.
USPS spokeswoman Cathy Purcell said the agency is reviewing the order.
The order represents a “structural reversal” of mail-in voting, said Pamela Smith, president and CEO of Verified Voting, an organization that promotes the responsible utilize of technology in elections. She said USPS delivers mail and does not distribute ballots.
“It is not the role of the Postal Service to take on a gatekeeper role in terms of delivering ballots,” Smith said.
Under this provision, the Department of Justice and other federal agencies will be directed to withhold federal funds from states and localities that fail to comply with federal law. It does not specify what federal funds the funds would potentially be used for or whether states could lose election-related dollars.
States receive a minimum federal election security grant each year from the Election Assistance Commission. In fiscal year 2025 EAC was distributed A total of $15 million that can be used for voting system modernization, cybersecurity, training and other needs.
“Even if it did,” Smith said, “I don’t think it would carry as much weight as the stick.”
