The multistate coalition filed suit in U.S. District Court for the District of Massachusetts on April 3, 2026, challenging Trump's executive order that would create a national list of eligible voters and direct the U.S. Postal Service to transmit mail ballots only to those on the federal list. The order also threatens states and election officials with criminal prosecution and loss of federal funding if they fail to comply with the federal mandates.
The attorneys general argue that Trump's directive violates the Constitution's allocation of election administration authority to states and would force states to abandon their existing voter roll procedures, vote-by-mail systems, and voter registration laws. "The Constitution plainly forbids the President from commandeering elections to manipulate and micromanage how we vote," Tong said in a statement announcing the lawsuit.
According to the coalition's complaint, the executive order would require states to completely overhaul their election systems within weeks of upcoming primary elections and just months before mail voting begins for the 2026 general election. The attorneys general contend that such rapid changes would create "confusion, chaos, and distrust in state election systems" while threatening to disenfranchise eligible voters who rely on existing mail-in voting procedures.
The lawsuit represents the latest in a series of federal-state conflicts over election administration, with states increasingly asserting their constitutional authority against federal interference. The coalition argues that the Constitution does not permit the President to unilaterally impose changes to federal election procedures without congressional authorization, particularly given the complex planning and preparation required for election administration.
"We are coordinating closely with states across the country and we are suing to protect our democracy," Tong said, emphasizing that voters of all parties and demographics utilize mail-in voting, including the President himself. The Massachusetts-led coalition includes attorneys general from California, Nevada, Washington, and 19 other jurisdictions, plus Pennsylvania's governor.
The coalition is seeking court intervention to prevent the federal government from implementing or enforcing the executive order. The case alleges violations of separation of powers principles and unlawful interference with state-administered mail voting programs that have been established under state and federal law guaranteeing all eligible voters the right to cast ballots and have them counted.