Trump Mail-In Voting Executive Order Challenge (State AGs)

A pro-voting lawsuit challenging Trump’s executive order attacking mail-in voting.

Background 

State attorney generals from 22 states and the District of Columbia, along with Pennsylvania Gov. Josh Shapiro, filed a lawsuit in federal court challenging President Donald Trump’s executive order attacking access to mail-in voting. Plaintiffs assert that the order seeks to rewrite state’s mail voting laws, expands record keeping requirements for state and local election officials, and “mandates that federal agencies create their own voter eligibility lists and imposes those lists on the States through threats of prosecuting States and their elections officials.” Plaintiffs argue the order is the result of Trump’s “fail[ure] to enact changes to election administration through Congress” with the SAVE America Act. The lawsuit asserts that the order violates constitutional principles of the separation of powers and state sovereignty over elections. The state officials ask the court to block the order. 

Why It Matters

This is Trump’s second executive order attempting to take control of federal elections and disenfranchise voters. Courts have consistently ruled that only Congress and the states – not the president – have authority over elections. Despite this, Trump has expressed repeated opposition to mail-in voting, saying at the order signing, “Cheating on mail-in voting is legendary. It’s horrible. Democrats want to use it for cheating.” 

Latest Updates:

• June 2, 2026: The court will hear arguments on plaintiffs’ motion for summary judgment and defendants’ combined motion to dismiss and cross-motion for summary judgment.
• Apr. 16, 2026: The DOJ seeks to transfer the case to the D.C. district court.
• Apr. 14, 2026: The court set a briefing schedule for plaintiffs’ motion for summary judgment and defendants’ combined motion to dismiss and cross-motion for summary judgment.
• Apr. 13, 2026: Parties filed a joint motion asking the court to issue a decision by mid-June 2026, or to enter a preliminary injunction briefing schedule to allow for a preliminary ruling around the same time.
• Apr. 3, 2026: Plaintiffs filed their complaint.