ATTORNEY GENERAL TONG SUES TRUMP ADMINISTRATION OVER UNLAWFUL EXECUTIVE ORDER ATTEMPTING TO EXERT FEDERAL CONTROL OVER ELECTIONS
Executive Order Threatens to Disenfranchise Eligible Voters and Violates States’ Authority to Administer Elections
(Hartford, CT) – Attorney General William Tong today joined a coalition of 23 attorneys general and one governor in suing President Trump in the U.S. District Court for the District of Massachusetts, challenging his Executive Order that attempts to interfere with states’ authority to administer elections by restricting voter eligibility and mail voting to lists of voters pre-authorized by the federal government.
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 states that states and elections officials could face criminal prosecution and the loss of federal funding if they do not comply. 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 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 ballots by mail if they meet their state’s requirements. Mail-in voting is utilized by voters of various political affiliations and demographics.
In their lawsuit, the coalition states that the U.S. Constitution gives states primary authority to administer elections and does not allow the President to unilaterally impose changes to federal election procedures without an act of Congress.
The attorneys general further argue that implementing the Executive Order would require significant changes to existing election administration systems within a short timeframe, potentially affecting upcoming elections. They state that such changes could impact current procedures and require additional voter education efforts.
The lawsuit alleges that the Executive Order violates the separation of powers and interferes with states’ mail voting programs. The coalition is asking the court to prevent the federal government from implementing or enforcing the Executive Order.
Joining Attorney General Tong 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 California, Massachusetts, Nevada, Washington, Arizona, Colorado, Delaware, District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and the Governor of Pennsylvania.