Michigan Joins Coalition of States in Lawsuit Against Trump's Mail Voting Executive Order

Michigan is among 24 states filing a lawsuit challenging President Donald Trump's executive order that restricts mail-in voting and creates a federal list of eligible voters.

Attorney General Dana Nessel joined the coalition of Democrat attorneys general and governors in a lawsuit filed in the U.S. District Court for the District of Massachusetts on April 6, 2026.

States Assert Constitutional Authority Over Elections

The lawsuit argues that the executive order violates states' constitutional authority to administer elections. Michigan officials contend that neither the Constitution nor any act of Congress gives the president the authority to mandate sweeping changes to states' electoral systems.

"The U.S. Constitution gives authority to states to administer elections, not the President, and says the EO is illegal."

— Dana Nessel, Michigan Attorney General

Threats Against States and Election Officials

AG Nessel says Trump also threatened states with the loss of federal funding and the criminal prosecution of election officials if they do not comply with the order's requirements.

"Trump also threatened states with the loss of federal funding, and threatens to criminally prosecute election officials if they just do their job and don't comply with his many unlawful demands."

— Dana Nessel, Michigan Attorney General

Mail-In Voting in Michigan

"Mail-in ballots are a safe and secure voting option that over 2.2 million Michiganders availed themselves to in the 2024 election, many who presumably used that choice to vote for this very President," Nessel said.

Michigan voters approved a state constitutional amendment in 2018 that expanded rights to vote by mail or using secure ballot drop boxes. More than 1.8 million voters signed up to vote absentee in every election.

Michigan Officials Defend the Order

Secretary of State Jocelyn Benson said the order was designed to create confusion and chaos. She said it will block millions of eligible American citizens from exercising their fundamental right to vote if left unchecked.

"The Constitution grants the power and responsibility to run elections to the states, not the president or the federal government," Benson said.

Governor Gretchen Whitmer also defended Michigan's position.

"Let me be clear: our elections are safe and secure. The president's recent Executive Order to restrict voting rights violates the U.S. Constitution and the role states play running elections."

— Gretchen Whitmer, Michigan Governor

The Constitutional Battle

The Democrat coalition asks the court to prevent the federal government from implementing or enforcing Trump's order. The lawsuit represents a growing legal battle between states and the federal government over the administration of elections, with states asserting their constitutional authority against perceived federal overreach.

The outcome could have significant implications for voter access and election integrity heading into the 2028 presidential race.

What's Next

The lawsuit will now proceed through the federal court system, with the potential for appeals that could ultimately reach the U.S. Supreme Court.

Michigan has been among the states most affected by the executive order, which attempts to establish a national list of eligible voters and directs the U.S. Postal Service to transmit mail-in ballots only to those on the list.