Democratic State Attorneys General Sue Over Trump’s Voting Executive Order

The lawsuit challenges an order that aims to require voters to prove they are citizens in order to vote.

Chester County, Pa., election workers process mail-in and absentee ballots at West Chester University in West Chester, Pa., on Nov. 4, 2020. Matt Slocum/AP Photo

A group of 19 Democratic state attorneys general filed a lawsuit on April 3 disputing President Donald Trump’s executive order that requires voters to verify they are U.S. citizens and prevents states from counting mail-in ballots they receive after Election Day.

Filed in Boston federal court, the lawsuit follows two others that challenge the order. The plaintiffs say the order “usurps the States’ constitutional power and seeks to amend election law by fiat.”

“The president’s attempt to control our elections, intimidate voters, and limit Americans’ right to vote is unconstitutional, undemocratic, and frankly, un-American,” said New York Attorney General Letitia James, a Democrat.

On March 25, Trump signed an executive order, titled “Preserving and Protecting the Integrity of American Elections,” mandating voters to provide documentary proof of U.S. citizenship when registering to vote in federal elections. The order also aims to stop states from counting mail-in ballots that arrive after Election Day for presidential and congressional elections.

Last year, the states joining in the lawsuit had allowed late ballots that were postmarked ahead of Election Day to be counted if they arrived within a specific window established by state law.

In his order, Trump cited Denmark and Sweden’s policies of not accepting late-arriving mail-in ballots regardless of when they are postmarked and said the United States should follow the same policy.

California and Nevada led the group of 19 states in arguing that Trump lacks the sole power to amend states’ election procedures. Congress, they said, has the power under the Constitution to preempt state laws for federal elections.

“Neither the Constitution nor Congress authorize the president’s attempted voting restrictions,” California Attorney General Rob Bonta, a Democrat, said in a statement.

The Democratic National Committee and Democratic congressional leaders, Senate Minority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Hakeem Jeffries (D-N.Y.), are already challenging Trump’s order in court.

In their lawsuit, the 19 states argued that the rule violates the Constitution and the National Voting Rights Act, which allows voting as long as a person attests to their citizenship under the threat of perjury.

While Democrats have said it’s already illegal for non-citizens to vote, Republicans have raised concerns about how the lack of verification may allow some noncitizens to lie in order to register.

The attorneys general also accused Trump’s order of violating states’ constitutional authority over elections by using the loss of federal funding and potential Justice Department investigations as threats in order to compel them to comply.

In his order, Trump argued that states “fail adequately to vet voters’ citizenship, and, in recent years, the Department of Justice has failed to prioritize and devote sufficient resources for enforcement of these provisions” and alleged the Biden administration allowed illegal immigrants on state voter rolls.

When he announced the order, the president said it was required to “straighten out our elections.”

Reuters contributed to this report.