Michigan has joined more than 20 other states in suing President Donald Trump and his administration over an executive order that restricts mail-in voting and mandates the creation of a national list of eligible voters.
The lawsuit, filed April 3 in federal court in Massachusetts, calls Trump's order a "shocking and unprecedented power grab" that violates bedrock principles of federalism and separation of powers.
Gov. Gretchen Whitmer announced the lawsuit in a press release.
"The president's recent Executive Order to restrict voting rights violates the U.S. Constitution and the role states play running elections," Whitmer said. "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. I won't let that happen. Today, we are standing up to protect our fundamental right to vote against dangerous federal overreach so that every eligible citizen can vote and have their vote counted."
The executive order, issued on March 31, directs the Department of Homeland Security and the Social Security Administration to make a list of eligible voters to share with the states. It also directs the U.S. Postal Service not to deliver mail ballots from any voter not on a pre-approved list.
Michigan Secretary of State Jocelyn Benson called the order "blatant federal overreach" in a statement.
"The Constitution grants the power and responsibility to run elections to the states, not the president or the federal government," Benson said. "This Executive Order is illegal — it was designed to create confusion and chaos. If left unchecked, it will block millions of eligible American citizens from exercising their fundamental right to vote. It seems the president is determined to rule, not to govern, so we must now take this fight to the courts."
Michigan voters approved a ballot measure in 2018 that allows all residents to vote absentee by mail for any reason. The state constitution also gives voters the right to join a permanent absentee ballot list, meaning they can sign up to automatically receive a ballot in the mail every election.
In the 2024 presidential election, more than 2.2 million Michiganders voted by mail, or roughly 39 percent of total ballots cast. Trump won the state that year with 49.73 percent of the vote.
According to the state, over 1.8 million Michigan voters have signed up for the permanent mail-in ballot list.
The lawsuit argues that Trump's order will cause mass confusion for voters and states, cost valuable time and money to implement, and erroneously disenfranchise eligible voters.
In determining who has U.S. citizenship and is therefore eligible to vote, the federal government would be relying on the Department of Homeland Security's Systemic Alien Verification for Entitlements system. NPR reported in December about voter registrations wrongfully cancelled based on SAVE.
The lawsuit says the order will put immense pressure on election administrators across the country.
"The EO threatens elections officials and any others involved in the administration of Federal elections with criminal prosecution if they issue ballots to purportedly ineligible voters, laying bare a scheme to intimidate and coerce state officials into removing voters who do not appear on the federal government's lists, regardless of the accuracy or reliability of those lists," the lawsuit states.
Trump's order comes as Republicans in Congress are considering the SAVE America Act, which would require documentary proof of citizenship in order to register to vote.
Lawsuits against Trump's order have also been filed by civil rights groups, voting rights groups, and the Democratic Party.
White House spokesperson Abigail Jackson responded to a request for comment.
"Only Democrat politicians and operatives would be upset about lawful efforts to secure American elections and ensure only eligible American citizens are casting ballots," Jackson said. "President Trump campaigned on securing our elections and the American people sent him back to the White House to get the job done."