Michigan Attorney General Dana Nessel Announces Lawsuit Challenging Federal Vote-Restriction Order

LANSING — Michigan Attorney General Dana Nessel has joined a coalition of 24 other attorneys general and one governor in filing a lawsuit challenging President Donald Trump's March 31 executive order that seeks to establish federal control over state mail-in voting procedures.

The lawsuit, filed Friday in the U.S. District Court for the District of Massachusetts, argues that the executive order violates the U.S. Constitution by attempting to usurp states' authority to administer their own elections.

The Executive Order's Provisions

On Tuesday, March 31, President Trump signed an executive order that directs the U.S. Postal Service not to deliver mail ballots from any voter not on a pre-approved list of voters who will receive mail ballots. The order also requires each authorized mail voter's envelope to have a unique barcode for tracking.

Additionally, the executive order directs the Department of Homeland Security to create a list of adult citizens residing in each state and provide that list to states 60 days before a federal election.

Trump has repeatedly claimed, without evidence, that mail voting is rife with fraud and has sought to curtail it. The White House has defended the move as a necessary step to "secure" elections.

Michigan's Position

Michigan Attorney General Dana Nessel announced the state has entered the lawsuit alongside attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, as well as the Governor of Pennsylvania.

"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 in a news release. "Yet, while he reserves the right for himself, President Trump is working unilaterally to make it harder to vote from home for single moms, seniors, and the military serving overseas. Michigan voters overwhelmingly voted to expand absentee voting in 2018, and I will protect that choice against an administration that is hellbent on taking it away."

Legal Arguments

The attorneys general argue that neither the Constitution nor Congress gives the President the authority to make changes to states' electoral systems and procedures. The lawsuit contends that the executive order would require states to upend their election administration procedures for upcoming elections and conduct statewide voter education weeks before primary elections and mere months before the beginning of mail voting for the 2026 general election.

"The president's recent Executive Order to restrict voting rights violates the U.S. Constitution and the role states play running elections," said Governor Gretchen Whitmer. "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."

Michigan Secretary of State Jocelyn Benson also condemned the order, calling it "illegal on its face." Benson said the president couldn't convince Congress to pass his voter suppression bill, so he "resorted to this" approach. She added that if left unchecked, the order "will block millions of eligible American citizens from exercising their fundamental right to vote."

At Stake

The executive order claims to lengthen the period for election officials to preserve records to simplify prosecutions. However, state officials argue it creates a shadow list of voters that could be used to disenfranchise eligible citizens.

The order also threatens states with a loss of federal funding and criminal prosecution for state officials if they don't comply. Under the order, the U.S. Postal Service would be directed not to transmit ballots to voters not on the federal list, and would develop voter-specific barcodes to track ballots.

The coalition argues that the Constitution gives states — not the president — authority over elections and is asking the court to block the order from being enforced.

Michigan's Mail Voting History

In 2018, Proposal 3 passed, amending the Michigan Constitution to allow citizens to vote by mail or secure a ballot drop box in every election. This provision was approved by Michigan voters in a constitutional amendment.

Around 2.2 million citizens voted by mail in the 2024 presidential election, including military personnel and people overseas. More than 25% of all active registered Michigan voters, over 1.8 million, have signed up to receive a mail-in ballot for every election.

Broader Context

This lawsuit represents the latest in a series of legal clashes between the Trump administration and states over election issues. Last March, Trump issued an executive order that, among other things, tried to require proof of citizenship when registering to vote. States sued over that order on similar legal grounds, and courts have so far blocked most of that order's major provisions.

The new lawsuit names Trump, the U.S. Department of Justice, the U.S. Department of Homeland Security, the U.S. Social Security Administration, the U.S. Postal Service, and several federal officials as defendants.

Two separate coalitions of voting-rights advocacy groups also filed lawsuits Thursday, with one filing in federal court in Massachusetts and the other in Washington, D.C. Democratic Party groups filed the first lawsuit in Washington, D.C. on Wednesday.

White House Response

A White House spokeswoman, Abigail Jackson, responded to the lawsuit by saying "Only Democrat politicians and operatives would be upset about lawful efforts to secure American elections and ensure only eligible American citizens are casting ballots." She added that President Trump "campaign[ed] on securing our elections and the American people sent him back to the White House to get the job done."

What Comes Next

The lawsuit seeks a court order blocking the executive order from being enforced. It remains to be seen whether the court will grant relief or allow the executive order to proceed.

The Aug. 4 primary election in Michigan will be the first major test if the order is enforced, as it would require states to submit lists of voters slated to receive absentee ballots just 60 days before the election.

The coalition argues that the order would make states act contrary to their voter roll procedures, vote-by-mail systems and local laws. The states filing this lawsuit permit registered voters to cast their ballots by mail if they meet their state's requirements for doing so. Voters of all parties, in all states, and of every demographic utilize mail-in voting — including the President himself.