Michigan AG Nessel Sues Trump Administration Over Federal Election Executive Order

Michigan Attorney General Dana Nessel has joined a coalition of attorneys general to file a lawsuit against President Donald Trump's latest executive order attempting to federalize election administration.

The lawsuit was announced on April 3, 2026, challenging what Michigan officials call an unconstitutional overreach into state election systems.

Executive Order Targets State Voting Systems

President Trump signed the executive order titled "Ensuring Citizenship Verification and Integrity in Federal Elections" on March 31, 2026. The order directs federal agencies to play a larger role in election administration and establishes federally authorized lists of eligible voters.

According to the White House, the order requires states to crosscheck voter data with federal records and creates a new verification system for mail-in ballots. The administration states the order is meant to prevent non-citizens from voting, which it calls "the constitutional obligation of the federal government."

The order would require the U.S. Postal Service to verify mail-in ballots, with each ballot tied to a barcode corresponding to an eligible voter on a federal list.

Michigan Officials Call Order Unlawful

Attorney General Dana Nessel criticized the executive order as "blatantly unlawful" and argued that the Constitution clearly leaves election administration to the states and Congress, not the president.

"The Constitution is clear: The President cannot direct or control our state voting laws, and no scribble of his sharpie can give him the authority that he so desperately seeks," Nessel said.

The lawsuit argues the order would make states act contrary to their voter roll procedures, vote-by-mail systems and local laws. AG Nessel noted that mail-in ballots are a safe and secure voting option that 2.2 million Michiganders used in the 2024 election.

Proposal 3 and Mail Voting

Michigan voters approved Proposal 3 in 2018, amending the Michigan Constitution to allow citizens to vote by mail or secure a ballot drop box in every election. Around 2.2 million citizens voted by mail in the 2024 presidential election, including military and people overseas.

More than 25 percent of all active registered Michigan voters, over 1.8 million, have signed up to receive a mail-in ballot for every election.

Other Michigan Officials Join the Fight

Governor Gretchen Whitmer stated the presidential order violates the U.S. Constitution and the role states play running elections.

"Any attempt to federalize our elections or make it harder for Americans to cast their ballots is an attempt to take away Michiganders' constitutional right to vote," Whitmer said. "I won't let that happen."

Michigan Secretary of State Jocelyn Benson also called the executive order illegal, saying it will block millions of eligible American citizens from exercising their fundamental right to vote.

"If left unchecked, it will block millions of eligible American citizens from exercising their fundamental right to vote," Benson said. "I'm proud to stand with Attorney General Nessel and this coalition of States to protect voters, local clerks, and election workers from this blatant federal overreach."

Republican Push for Federal Oversight

Michigan Republicans have supported increased federal oversight of elections. State Senate Republican Leader Aric Nesbitt previously said additional scrutiny is needed, accusing Michigan Secretary of State Jocelyn Benson of failing to ensure transparency and election security.

Michigan Republicans also sent a letter to Benson urging her to address what they called ongoing "election integrity concerns."

The Coalition of States

Joining Michigan Attorney General Nessel in the lawsuit are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and the governor of Pennsylvania.

The attorneys general argue the executive order would require states to upend their election administration procedures and conduct statewide voter education weeks before primary elections and months before the beginning of mail voting for the 2026 general election.

Past Legal Challenges

Nessel noted that Michigan has successfully challenged previous unlawful election orders in court.

"We have defeated these unlawful election orders in the courts before, and I will not hesitate to do so again," she said.

The executive order claims to lengthen the period for election officials to preserve records to simplify prosecutions. However, state officials argue the order creates shadow lists for voters, using threats of investigation to coerce states into disenfranchising voters missing from those lists.

The attorneys general say the order also mandates that USPS refuses to deliver voted ballots unless the voters are on USPS' pre-cleared list, which is maintained outside the control of the states who administer federal elections.

Sources:

• Michigan.gov Attorney General news release: https://www.michigan.gov/ag/news/press-releases/2026/04/03/ag-nessel-sues-trump-administration-over-unlawful-executive-order-attempting-to-federalize-elections
• The Center Square: https://www.thecentersquare.com/michigan/article_a706b4d6-b9cc-464d-8cd1-0da7299b84a9.html
• FOX 2 Detroit: https://www.fox2detroit.com/news/michigan-joins-lawsuit-challenging-trump-executive-order-restricts-voter-eligibility