Federal Court Hears Challenge to Trump Executive Order Restricting Mail-in Ballots

By League of Women Voters US

BOSTON – A federal District Court heard arguments today in a lawsuit challenging President Trump’s March 31 executive order concerning mail-in voting. Plaintiffs argue that the order violates the US Constitution and federal law and risks mass disenfranchisement of eligible voters.

The Constitution makes clear that only the states and Congress can set the rules for elections. Nevertheless, the executive order attempts to override states’ mail-in voting laws by transforming the US Postal Service from a neutral mail carrier into an arbiter of who may cast a ballot by mail. The order also requires the Department of Homeland Security to build and give to each state a purported list of US citizens over the age of 18.

Plaintiffs asked the court today for a preliminary injunction to block implementation of Section 3 of the order, which directs the Postal Service to create unlawful new rules for the transmission of mail-in ballots.

The suit was filed in US District Court for the District of Massachusetts by the League of Women Voters of Massachusetts, League of Women Voters, Association of Americans Resident Overseas, US Vote Foundation, OCA - Asian Pacific American Advocates, and Delta Sigma Theta Sorority, Inc.

They are represented by the American Civil Liberties Union, ACLU of Massachusetts, Brennan Center for Justice, Legal Defense Fund, Asian Americans Advancing Justice | AAJC, and LatinoJustice PRLDEF.

Read statements from the plaintiffs and their legal counsel.