Michigan Joins Lawsuit Challenging Trump's Mail-In Voting Order as Federal Overreach Threatens Voter Access

Michigan Joins Coalition of 24 States in Lawsuit Challenging Trump Executive Order on Mail-In Voting

LANSING — Michigan Attorney General Dana Nessel joined a coalition of 24 attorneys general and governors in filing a lawsuit challenging President Donald Trump's executive order on mail-in voting, arguing the federal directive unlawfully interferes with states' constitutional authority to run elections and threatens access to absentee voting for Michiganders.

The lawsuit was filed in the U.S. District Court for the District of Massachusetts on April 3, 2026, directly responding to Trump's executive order signed on March 31, 2026. The order seeks to create a federal list of eligible voters and requires states to submit lists of voters slated to receive absentee ballots in federal elections.

What the Executive Order Demands

Under Trump's order, the U.S. Postal Service would be directed not to transmit mail-in ballots to voters who are not on the federal list. The executive order also calls for the USPS to develop voter-specific barcodes to track ballots, and gives the agency four months — just before Michigan's August 4 primary — to formalize new rules.

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 and Wisconsin, as well as Pennsylvania's governor, joined Michigan in the lawsuit.

State Officials' Strong Reaction

Michigan Attorney General Dana Nessel said the lawsuit challenges an order that "seeks to create a federal list of eligible voters and requires states to submit lists of voters slated to receive absentee ballots."

"Mail-in ballots are a safe and secure voting option that over 2.2 million Michiganders availed themselves to in the 2024 election," Nessel said in a news release. "The order threatens to roll back voting rights that Michigan voters approved through the state constitution in 2018."

Under the executive order, states could lose federal funding for failing to comply with its requirements. State officials could also face prosecution for providing ballots to people the federal government claims are ineligible to vote.

Michigan's Expanded Mail-In Voting Rights

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 the state's most recent election. Municipal clerks are required to verify signatures on absentee ballots as part of the law.

Ballot drop boxes in Michigan must be secure with video monitoring, and bipartisan election workers must oversee processing of absentee ballots. These provisions are part of Michigan's election system that was approved by voters.

State Leaders' Comments

Governor Gretchen Whitmer has called the executive order an unconstitutional federal overreach. "I won't let that happen," Whitmer said in a news release. "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."

Michigan Secretary of State Jocelyn Benson said the order would create "fear, confusion and doubt" and could block eligible voters from casting ballots. Benson told the Free Press that the order was "illegal on its face" and that states run elections, not the president.

"The Constitution grants the power and responsibility to run elections to the states, not the president or the federal government," Benson said. "By ordering the DOJ to target state and local election officials, this administration is coming after hardworking local public servants for doing their jobs safeguarding democracy."

The Constitutional Challenge

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

Trump's order 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. It also threatens to withhold federal funding from states that don't comply.

The Democratic coalition argues that neither the Constitution nor any act of Congress gives the president the authority to mandate sweeping changes to states' electoral systems.

The attorneys general argue that the executive order would require states to act contrary to their own voter roll procedures, vote-by-mail systems, and state laws.

Timeline and Next Steps

Michigan officials plan to challenge the order in court and defend the state's election system. The lawsuit seeks to prevent the federal government from implementing or enforcing Trump's executive order.

Michigan's August 4 primary election is just months away, and the timing of the federal government's rulemaking — which the executive order gives four months to complete — raises concerns that new systems could be in place before the November general election.

The coalition's lawsuit asks the court to prevent the federal government from interfering with state election administration and to protect the voting access of millions of Americans, including the 2.2 million Michiganders who used mail-in ballots in 2024.

Michigan's Election History

Michigan has a long history of defending voting access. The state's 2018 constitutional amendment expanded mail-in voting rights, and the state has maintained robust absentee voting systems in subsequent elections.

The lawsuit represents Michigan joining a broader coalition of Democratic-led states resisting what they argue is an unconstitutional attempt to federalize elections and restrict voting access.