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Executive Order Threatens to Disenfranchise Eligible Voters and Violates States’ Authority to Administer Elections
BALTIMORE, MD – Attorney General Anthony G. Brown 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 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.
“This blatantly unlawful Executive Order threatens to strip thousands of Marylanders of the right to vote. By threatening state election officials with criminal prosecution and enlisting the US Postal Service in this unconstitutional effort, President Trump is staging an unprecedented assault on the cornerstone of our democracy,” said Attorney General Brown. “Our Office will not allow the President to weaponize the federal government to disenfranchise those who have a right to have their voice heard in the ballot box.”
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 and governor 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 states 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 distrust in state election systems, all while threatening to disenfranchise eligible voters.
The attorneys general and governor 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 Brown in filing this lawsuit are the attorneys general of California, Massachusetts, Nevada, Washington, Arizona, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and the Governor of Pennsylvania.
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