WASHINGTON (AP) — Democratic officials from 19 states took legal action on Thursday against President Donald Trump’s efforts to alter election processes nationwide, asserting that it constitutes an unconstitutional infringement on states’ rights to manage their own elections.
This lawsuit marks the fourth challenge to the executive order issued just a week prior. It aims to halt significant components of the order, including newly imposed requirements for individuals to present documentation proving their citizenship when registering to vote and the stipulation that all mail-in ballots must be received by Election Day.
READ MORE: Trump enacts measures necessitating proof of citizenship for voters and other changes to U.S. elections
“The President has no authority to enact any of this,” the state attorneys general stated in their legal filings. “The Elections EO is unconstitutional, antidemocratic, and un-American.”
Trump’s directive claimed that the U.S. has failed “to enforce basic and necessary election protection.” However, election officials have noted that recent elections are among the most secure in American history, and there is no evidence of widespread fraud, including during Trump’s loss to Democrat Joe Biden in 2020.
The order represents the culmination of Trump’s persistent grievances regarding U.S. election conduct. Following his initial victory in 2016, Trump wrongly asserted that his popular vote total would have been significantly higher had it not been for “millions of people who voted illegally.” In 2020, he attributed his defeat to a “rigged” election and erroneously claimed there was extensive voter fraud and tampering with voting equipment.
Trump argues that his order is intended to protect elections from illegal voting by noncitizens, despite numerous studies and investigations indicating that such instances are infrequent.
The order has garnered support from top election officials in certain Republican-led states, who believe it may help reduce voter fraud and grant them access to federal data necessary for maintaining their voter rolls more effectively.
Moreover, the order mandates that states disregard any mail-in or absentee ballots received after Election Day and jeopardizes federal funding for states that do not comply. Some states currently count ballots as long as they are postmarked by Election Day or allow voters to correct minor mistakes on their ballots.
The lawsuit contends that forcing states to adjust their procedures would violate the extensive authority granted to states by the Constitution concerning their election regulations. It emphasizes that states are responsible for determining the “times, places and manner” in which elections are conducted.
While Congress holds the authority to “make or alter” election regulations for federal offices, the Constitution does not provide any presidential power over the administration of elections.
The lawsuit was submitted to U.S. District Court in Massachusetts. Other legal challenges regarding the order argue that it could disenfranchise voters since millions of eligible Americans do not have quick access to the necessary documentation. Voters are already required to affirm their citizenship under the threat of perjury to cast a ballot.
According to the order, acceptable documents for proving citizenship would include a U.S. passport, a REAL ID-compliant driver’s license that “indicates the applicant is a citizen,” and a valid photo ID, provided it is accompanied by proof of citizenship.
Democrats assert that millions of Americans lack easy access to their birth certificates, nearly half do not possess a U.S. passport, and married women might require multiple documents if they have changed their names—a complication noted during recent local elections in New Hampshire, which were the first held under a new state law mandating proof of citizenship for registration.
It’s also important to note that not all REAL ID-compliant driver’s licenses specifically indicate U.S. citizenship.
Cassidy reported from Atlanta.
Insightful, trustworthy journalism, for everyone.
Your tax-deductible donation directly supports our mission. Support PBS News Hour today.
