Democrat officials in 19 states filed a lawsuit Thursday against President Donald Trump's attempt to reshape elections across the U.S., calling it an unconstitutional invasion of states' clear authority to run their own elections.
The lawsuit is the fourth against the executive order issued just a week ago. It seeks to block key aspects of it, including new requirements that people provide documentary proof of citizenship when registering to vote and a demand that all mail ballots be received by Election Day.
“The President has no power to do any of this,” the state attorneys general wrote in court documents. “The Elections EO is unconstitutional, antidemocratic, and un-American.”
Trump's order said the U.S. has failed “to enforce basic and necessary election protection." Election officials have said recent elections have been among the most secure in U.S. history. There has been no indication of any widespread fraud, including when Trump lost to Democrat Joe Biden in 2020.
The order is the culmination of Trump’s longstanding complaints about how U.S. elections are run. After his first win in 2016, Trump claimed his popular vote total would have been much higher if not for “millions of people who voted illegally.” In 2020, Trump blamed a “rigged” election for his loss and alleged widespread voter fraud and manipulation of voting machines.
Trump has argued his order secures the vote against illegal voting by noncitizens.
It has received praise from the top election officials in some Republican states who say it could inhibit instances of voter fraud and will give them access to federal data to better maintain their voter rolls.
The order also requires states to exclude any mail-in or absentee ballots received after Election Day, and puts states' federal funding at risk if election officials don’t comply. Some states count ballots as long as they are postmarked by Election Day or allow voters to correct minor errors on their ballots.
Forcing states to change, the suit says, would violate the broad authority the Constitution gives states to set their own election rules. It says they decide the “times, places and manner” of how elections are run.
Congress has the power to “make or alter” election regulations, at least for federal office, but the Constitution doesn’t mention any presidential authority over election administration.
“We are a democracy – not a monarchy – and this executive order is an authoritarian power grab,” said New York Attorney General Letitia James.
Rhode Island Attorney General Peter Neronha said the Trump administration is requiring states to either comply with an unconstitutional order or lose congressionally approved funding, something he said the president has no authority to do.
“In one fell swoop, this president is attempting to undermine elections and sidestep the Congress, and we’re not going to stand for it,” he said.
California Attorney General Rob Bonta said Trump’s executive order was an attempt to impose “sweeping voting restrictions” across the country and disenfranchise voters.
Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.