An election judge counts a stack of mail-in ballots from the primary election at the central count room for the Chicago board of elections on 23 March 2024. Photograph: John J Kim/Chicago Tribune via Getty ImagesView image in fullscreenAn election judge counts a stack of mail-in ballots from the primary election at the central count room for the Chicago board of elections on 23 March 2024. Photograph: John J Kim/Chicago Tribune via Getty ImagesDemocratic attorneys general sue Trump over order to restrict mail votingOver 20 attorneys general challenge the executive order and say it’s an unconstitutional move to disenfranchise voters
More than 20 Democratic attorneys general filed a lawsuit Friday challenging Donald Trump’s Tuesday executive order to restrict who can vote by mail.
In his order, Trump directed the US Postal Service to abstain from sending mail-in or absentee ballots to people who are not on a pre-ordained list of eligible citizens.
Trump tasked the Department of Homeland Security with creating said list using federal citizenship and naturalization records. Voter eligibility, per the order, was defined by an individual being over the age of 18 and having US citizenship.
Read moreStates and localities that do not comply with the order could face the loss of federal funds and investigations.
The attorneys general, in their lawsuit, called the order an unconstitutional interference into state elections and a move to disenfranchise voters.
The constitution does not grant presidents power over elections. States are responsible for how their elections are run, with Congress being able to alter some choices.
The coalition of attorneys general also argued that the order has already and will continue to “sow confusion and chaos” in state election systems, citing upcoming primaries and the 2026 midterm elections.
“Once again, President Trump is trying to rewrite the rules of our elections. But he lacks the authority to do so – full stop,” said California’s attorney general, Rob Bonta, one of the plaintiffs, in a Friday news release.
It’s the latest legal hurdle for Trump’s executive order. Separate lawsuits were also filed this week on similar grounds by congressional Democratic leaders and civil rights organizations.
“Only Democrat politicians and operatives would be upset about lawful efforts to secure American elections and ensure only eligible American citizens are casting ballots,” White House spokesperson Abigail Jackson said of the litigation in a statement to the Guardian.
The Trump administration has repeatedly targeted mail-in voting, arguing without evidence that it compromises election integrity and enables fraud. In the early months of the Covid-19 pandemic, at a time where the CDC advised against large indoor gatherings, Trump expressed opposition to efforts to expand absentee voting.
“Mail ballots are very dangerous thing for this country because they’re cheaters. They go and collect them. They’re fraudulent in many cases,” he told reporters in April 2020. After the 2020 presidential election, Trump claimed without evidence election fraud contributed to his loss.
In August 2025, Trump wrote on Truth Social that he wanted to eliminate mail-in voting to restore “honesty” in the 2026 midterms.
Trump himself has voted by mail in previous Florida elections, including in a special election just last month. According to census data, nearly a third of the country voted by mail in the 2024 presidential election, which Trump won.
