Voting Rights Groups Challenge Executive Order on Mail-In Ballots as Illegal Interference in Elections

President Trump’s unlawful executive order would take control of mail-in ballots from the states and create an unvalidated, error-prone system that would risk disenfranchising eligible voters.

April 2, 2026 10:00 am

Media Contact

Mark Sheridan, media@aclum.org

BOSTON – A coalition of voting rights organizations filed a lawsuit today in the U.S. District Court for the District of Massachusetts challenging President Trump's March 31 executive order concerning mail-in voting. The Constitution explicitly states that only Congress and the states can set the rules for elections. Nevertheless, the order attempts to displace states’ mail-in voting laws by transforming the U.S. Postal Service from a neutral mail carrier to an arbiter of who may cast a ballot by mail.

The order also requires the Department of Homeland Security to build and give to each state a list of citizens eligible to vote. Given that federal databases are out-of-date and unreliable, this risks mass disenfranchisement of eligible voters.

The suit was filed by the League of Women Voters of Massachusetts, the League of Women Voters, Association of Americans Resident Overseas (AARO), U.S. Vote Foundation, OCA - Asian Pacific American Advocates (OCA), and Delta Sigma Theta Sorority, Inc.

They are represented by the American Civil Liberties Union (ACLU), ACLU of Massachusetts, Brennan Center for Justice, Legal Defense Fund (LDF), Asian Americans Advancing Justice (AAJC), and LatinoJustice PRLDEF.

The plaintiffs and their counsel released the following statement:

"This executive order is an illegal and dangerous attempt by the Trump administration to eliminate accessible voting options and subvert our democracy by seizing control of election administration from the states and Congress. If implemented, it would disenfranchise eligible voters across the nation.

“Attempts to end voting by mail are part of the Trump administration’s larger strategy to undermine elections and subvert the will of the people. The U.S. Constitution is clear: the states and Congress — not the president — set the rules for our elections. President Trump tried to make an end-run around the Constitution with another executive order last year and was promptly rebuffed by multiple courts. History will repeat itself.

“This executive order would upend countless state laws and procedures regarding mail-in voting. It could deny eligible voters, including voters with disabilities, U.S. citizens living abroad, and military members and their family members, the right to vote by mail — and unknown numbers will be disenfranchised without that option. Far from improving elections, this executive order would create chaos for election officials, erode public confidence in our elections, and block Americans from exercising their most fundamental right and responsibility as citizens — voting. By taking the administration to court, we are standing up for the rule of law and the promise of our democracy.”

A copy of the complaint is online here.

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League of Women Voters of Massachusetts v. Trump

On March 31, 2026, President Trump issued a sweeping Executive Order titled "Ensuring Citizen Verification and Integrity in Federal Elections," seeking once again to seize control of election administration from Congress and the states. The Order directs the Department of Homeland Security to compile lists of citizens from federal databases — including Social Security Administration records and immigration data — and transmit those lists to states before every federal election. It then directs USPS to refuse to deliver mail-in or absentee ballots from any voter who does not appear on a federally created enrollment list. It also threatens states with non-delivery of their voters' ballots unless those states submit lists of eligible mail voters to USPS at least 60 days before each election. If implemented, the Order would threaten the ability of millions of eligible citizens to cast their ballots, particularly military members, overseas citizens, the elderly, recently naturalized citizens, and voters with disabilities who rely on mail voting. The Constitution gives Congress and the states — not the President — the power to regulate elections. Despite this, President Trump's March 31, 2026 Executive Order attempts to impose a sweeping new federal regime over mail-in and absentee voting nationwide. This Executive Order is President Trump's second attempt to seize control of federal elections by executive fiat, issued despite injunctions from three separate federal courts blocking a previous 2025 Executive Order on similar grounds. Plaintiffs in this case bring six claims: the Order violates the constitutional separation of powers; it is ultra vires because it commandeers USPS in violation of Congress's postal statutes; it violates the Tenth Amendment and principles of federalism by coercing states to alter their election laws; it unconstitutionally burdens the right to vote; it violates Section 11(a) of the Voting Rights Act by directing USPS to refuse to deliver lawful ballots to eligible voters; and it violates the Privacy Act by requiring the rushed, non-consensual compilation and dissemination of inaccurate personal data about millions of Americans without the required public notice and comment.