DEPT. OF JUSTICE NEWS RELEASE
Attorney General Raúl Torrez today joined a coalition of 23 attorneys general and the Governor of Pennsylvania in suing President Trump in the U.S. District Court for the District of Massachusetts, challenging his unlawful Executive Order that attempts to interfere with states’ constitutional authority to administer elections by restricting voter eligibility and mail voting to lists of voters pre-authorized by the federal government.
“Today’s legal action underscores the fundamental principle that states, not the federal government, are responsible for administering elections,” said Attorney General Raúl Torrez. “The Executive Order threatens to undermine long‑standing constitutional safeguards by imposing federally dictated voter eligibility rules and restricting access to mail-in voting. This lawsuit seeks to protect the rights of eligible voters and ensure that elections remain free from unlawful federal overreach. This challenge also makes clear that efforts to erode state authority over elections will be met with decisive action to protect the integrity of our democratic system.”
On March 31, President Trump signed an Executive Order attempting to establish a national list of eligible voters and directing the U.S. Postal Service, an independent federal agency, to transmit mail ballots only to those on the list. In the Order, the President threatens states and elections officials with criminal prosecution and the loss of federal funding if they do not comply with his demands. The attorneys general argue that the Order would require states to act contrary to their own voter roll procedures, vote-by-mail systems, and voter registration laws.
State and federal law entitle all eligible voters to cast ballots and have their votes counted in state and federal elections. The states filing this lawsuit permit registered voters to cast their ballots by mail if they meet their state’s requirements for doing so. Voters of all parties, in all states, and of every demographic utilize mail-in voting – including the President himself.
In their lawsuit, the coalition explains that the U.S. Constitution gives state the primary authority to administer elections. In contrast, the Constitution does not allow the President to unilaterally impose changes to federal election procedures, particularly without an act of Congress permitting him to do so.
Moreover, the administration of elections is highly complex and requires substantial planning and preparation. The attorneys general argue that the President’s Executive Order would require states to upend their existing election administration procedures for upcoming elections and conduct statewide voter education at a dangerously quick pace – potentially within weeks of primary elections and mere months before the beginning of mail voting for the 2026 general election. The coalition argues that such drastic and rapid changes will undoubtedly create confusion, chaos, and distant in state election systems, all while threatening to disenfranchise eligible voters.
New Mexico has long been a leader in voting security and mail-in voting. New Mexico requires any voter who wants to vote by mail to provide specific voter information and receive approval before receiving a ballot. Further, the process is safeguarded by multiple levels of security including ballot tracking, administrative chain of custody requirements, and mandatory post-election, risk-limiting audits.
The attorneys general allege that the President’s Executive Order violates the separation of powers and unlawfully interferes with states’ mail voting programs. The coalition asks the court to prevent the federal government from implementing or enforcing the Executive Order.
Joining Attorney General Torrez in filing this lawsuit, which was led by Massachusetts Attorney General Andrea Joy Campbell, California Attorney General Rob Bonta, Nevada Attorney General Aaron Ford, and Washington Attorney General Nick Brown, are the attorneys general of Arizona, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and the Governor of Pennsylvania.