Attorney General Jennifer Davenport 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 unlawful Executive Order. The Executive Order attempts to interfere with states’ constitutional authority to administer elections by restricting voter eligibility and mail-in voting to lists of voters pre-authorized by the federal government.
“The Constitution makes clear that states administer elections in America – not the federal government,” said Attorney General Davenport. “Changes to election rules cannot be made by the President through a blatantly unlawful executive order that seeks to disenfranchise voters in the name of debunked conspiracy theories about widespread fraud from voting by mail. Americans trust their local and state officials to run free, fair, and secure elections. We are confident the courts will reject this blatant power grab.”
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. But, the attorneys general argue, the Order would require states to act contrary to their own voter roll procedures, vote-by-mail systems, and voter registration laws.
The U.S. Constitution gives states the primary authority to administer elections. It does not allow the President to unilaterally impose changes to federal election procedures, particularly without an act of Congress permitting him to do so.
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.
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. Such drastic and rapid changes will create confusion, chaos, and distrust in state election systems, all while threatening to disenfranchise eligible voters.
New Jersey has allowed by voting by mail – once called absentee voting – for decades. It has become increasingly popular among voters, accounting for 20% to 30% of votes cast in general elections in the state over the last five years. Security features on vote-by-mail ballots include a unique barcode and voter ID on the ballot envelope and prepaid postage return envelope. Mail-in voters also are required to complete a certification, and their signatures are compared with the voter’s signature in the voter registration system.
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.
Attorney General Davenport is joined in the lawsuit by the attorneys general of California, Massachusetts, Nevada, Washington, Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and the District of Columbia, and the Governor of Pennsylvania.