Attorney General James Challenges Unconstitutional Executive Order Threatening Mail-In Voting

NEW YORK – New York Attorney General Letitia James and a coalition of 22 other attorneys general, as well as the governor of Pennsylvania, today are filing a lawsuit to block the president's latest illegal executive order that would upend state election systems, baselessly restrict mail-in voting, and threaten election officials with prosecution for carrying out their duties. Attorney General James and the coalition argue that the order, signed just days ago, violates the United States Constitution and federal law by attempting to seize control of elections from the states and Congress. The coalition is asking the court to strike down the order and prohibit federal agencies from carrying out its unlawful directives. 

"Free and fair elections are the cornerstone of our democracy, and no president has the power to rewrite the rules on his own," said Attorney General James. "This executive order is yet another attempt to disenfranchise voters and sow distrust in our electoral system as we head into the next election cycle. Our elections are and always have been free, fair, and secure, and we will not allow this administration to attack the very foundation of our nation." 

Earlier this week, President Trump issued an executive order, "Ensuring Citizenship Verification and Integrity in Federal Elections," attempting to impose sweeping and unlawful federal control over state election systems. The order directs federal agencies to create and maintain master federal voter rolls by state and pressures states to rely on those voter rolls under threat of investigation, prosecution, or withholding of federal funds. It also requires the United States Postal Service (USPS) to refuse to deliver mail ballots from voters who are not included on a federal voter roll, directly interfering with states' mail voting systems. Additionally, the order seeks to force states to preserve election records for longer periods than required under existing law at states’ expense, again backed by threats of enforcement action, criminal prosecution, or the withholding of federal funds.  

Attorney General James and the coalition argue that the president is violating the Constitution by attempting to override states' authority to administer elections. They contend that the order unlawfully interferes with mail-in voting by directing USPS to block ballot delivery based on federal criteria outside states’ control, despite the fact that mail-in voting is a secure, reliable method used by voters of all parties and in all states – including the president himself. The coalition emphasizes that election administration is a complex, state-run process that requires extensive planning and preparation, and that the demands outlined in the executive order would significantly disrupt such plans, with potentially disastrous consequences.

The coalition warns that, if allowed to stand, the order will create widespread confusion and chaos by forcing last-minute changes to election systems ahead of upcoming federal elections. It would require states to overhaul their election operations on dangerously short notice and divert critical resources away from existing responsibilities, potentially within weeks of primary elections and mere months before the beginning of mail-in voting for the 2026 general election. By imposing conflicting federal voter lists and restricting mail ballot delivery, the coalition contends that the order risks disenfranchising eligible voters and disrupting elections that are already underway. It also threatens state and local election officials with investigation or prosecution for following state law, creating a chilling effect that could undermine the administration of free and fair elections. 

Attorney General James and the coalition emphasize that this is not the administration's first attempt to unilaterally change election laws. After failing to secure these changes through Congress, the administration has turned yet again to executive action to impose sweeping new election rules nationwide after Attorney General James and 18 other attorneys general already secured a court order blocking a prior unlawful executive order on elections last year, and courts have repeatedly affirmed that the president cannot bypass Congress or the Constitution to rewrite the rules governing federal elections. 

Attorney General James and the coalition are asking the court to declare the executive order unconstitutional and prevent federal agencies from enforcing its provisions. 

Joining Attorney General James in filing this lawsuit are the attorneys general of California, Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia, as well as the governor of Pennsylvania.