Michigan officials promise swift legal action against federal order

Michigan Secretary of State Jocelyn Benson and Attorney General Dana Nessel have announced they will challenge President Donald Trump's new executive order that attempts to restrict mail-in voting and create a nationwide list of verified eligible voters.

The order, signed Tuesday by the president, directs the Department of Homeland Security to work with the Social Security Administration to compile a list of eligible voters in each state. It also seeks to bar the U.S. Postal Service from delivering absentee ballots to voters not on an approved list maintained by federal agencies.

Trump's executive order also calls for ballots to have secure envelopes with unique barcodes for tracking and warns that federal funding could be withheld from states and localities that do not comply with the new requirements.

"This executive order is illegal on its face," Benson said in a statement released Tuesday evening. "States run elections, not the president. The president couldn't convince Congress to pass his disastrous voter suppression bill, so he's resorted to this."

Benson added that the order "will only make it harder for eligible Michigan citizens to vote and will create chaos at every step of the election process." She called the administration's actions "meant to sow fear, confusion, and doubt among voters."

Attorney General Dana Nessel joined Benson in pledging legal action against the order. Nessel called it unconstitutional and based on "debunked conspiracy theories."

"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.

Michigan's strong record on voting rights

Both officials noted that Michigan has successfully defeated similar unlawful election orders in court before. Benson pointed out that under her leadership, Michigan has refused to turn over its full voter rolls to the federal government, arguing that sharing personally identifying information like Social Security numbers would violate state and federal laws.

A federal judge dismissed a lawsuit seeking to make Michigan turn over the data, but the Department of Justice has appealed and experts say the case may be the first to reach the U.S. Supreme Court.

The Constitution's Elections Clause gives Congress the power to "make or alter" election regulations, at least for federal office, but it does not mention presidential authority over election administration. Voting law experts say Trump's order violates the Constitution by attempting to seize states' power to run elections.

Mail voting popularity in Michigan

Voting by mail is a popular option in Michigan, where voters in 2018 approved a ballot measure that made no-reason absentee voting a guaranteed right in the state Constitution. More than 2.2 million Michiganders cast absentee ballots in the 2024 presidential election, which Trump won.

In 14 Michigan counties, more people voted by mail than on Election Day. The practice has become increasingly popular among Michigan voters, particularly in suburban and rural areas.

Legal challenges to the order

Legal experts noted several potential flaws with Trump's order that could make it vulnerable to legal challenges. David Becker, a former Justice Department lawyer who leads the Center for Election Innovation and Research, said the Postal Service is run by a board of governors, and the president has no power to tell it what mail it can and cannot deliver.

A spokesperson for the U.S. Postal Service said Tuesday that the agency will review the order. Trump has sought to bring the independent agency under more presidential control, proposing to fold it under the Commerce Department, whose secretary, Howard Lutnick, was on hand for Tuesday's signing.

The Department of Homeland Security's SAVE system for verifying citizenship and immigration status has come under scrutiny for producing flawed results from unreliable data sets, as well as over privacy concerns.

Trump has repeatedly and falsely claimed he won the 2020 presidential election, including Michigan's contest, which he lost by 154,188 votes that year. He again asserted Tuesday that he won "three times."

Democratic governors respond

Michigan Gov. Gretchen Whitmer was also critical of Trump's order. In a joint statement with Kentucky Gov. Andy Beshear released by the Democratic Governors Association, Whitmer said Republicans are "poised to lose a whole bunch of races this November — and that's why he's fighting at every turn to make it harder for Americans to cast their ballots."

Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, criticized Trump's approach. "This is Donald Trump turning the Department of Homeland Security into the department of controlling the homeland," she said.

Trump's administration has launched a widespread campaign it says is meant to target allegations of voter fraud that for years have been the subject of false claims from Trump and his allies. The Justice Department has been demanding detailed voter registration lists from states in what it has described as an effort to ensure the security of elections.

The stakes for Michigan

Michigan stands to be significantly impacted by Trump's order given its strong tradition of voting by mail and the state's political landscape. Benson, who is running for governor, has made protecting voting access a central part of her campaign platform.

The order's potential to disenfranchise voters and create confusion at polling places represents a significant threat to Michigan's democratic institutions. Both Benson and Nessel have promised "swift action" to block the order through legal challenges.

Trump himself has used mail ballots, most recently in local Florida elections, despite his rhetoric opposing universal mail-in voting. The White House has said that Trump is opposed to universal mail-in voting, rather than individual voters who may need the alternative voting method for reasons such as travel or military deployment.

Ongoing legal battles

The Justice Department has asked Michigan for a copy of its voter roll and other information to explain its high levels of voter registration. Under Benson's leadership, Michigan has refused to comply with those requests, citing privacy concerns and legal arguments about data protection.

The federal judge's dismissal of the state's refusal to turn over data, combined with the DOJ's appeal, could set important precedent for state-federal conflicts over election administration. This ongoing battle may indeed be the first case to reach the U.S. Supreme Court.

Both Benson and Nessel have indicated they will continue to fight the order in court, citing Michigan's successful track record of defeating similar unlawful election orders. The legal challenges could take months or even years to fully resolve, with significant implications for how elections are conducted across the country.

Sources

  • Michigan will fight Trump order limiting mail-in voting - Bridge Michigan - https://civicmedia.us/news/2026/04/01/michigan-will-fight-trump-order-limiting-mail-in-voting
  • Jocelyn Benson: Michigan will fight Trump order limiting mail-in voting - Bridge Michigan - https://bridgemi.com/michigan-government/jocelyn-benson-michigan-will-fight-trump-order-limiting-mail-in-voting
  • Michigan Secretary of State reacts to Trump order to restrict mail-in voting - WILX - https://wilx.com/2026/04/01/michigan-secretary-state-reacts-trump-order-restrict-mail-in-voting
  • Michigan officials plan to challenge Trump order on elections - ABC12 - https://abc12.com/news/politics/michigan-officials-plan-to-challenge-trump-order-on-elections/article_b63f55ab-3b49-4e14-b643-779bc2dc8b27.html