Michigan Attorney General Dana Nessel announced on Apr. 27 that she has joined a coalition of 23 attorneys general and the Governor of Pennsylvania in filing a motion for summary judgment against President Trump’s executive order restricting mail voting and asserting federal control over state elections.
The issue centers on the constitutional authority to administer elections, which the coalition argues belongs primarily to the states rather than the federal government. The motion asks the U.S. District Court for the District of Massachusetts to permanently block enforcement of key provisions in Executive Order No. 14399, which they claim unlawfully interferes with state powers by limiting voter eligibility and mail voting to federally pre-authorized lists.
Earlier this month, Nessel joined a lawsuit challenging what they describe as an unconstitutional action by President Trump and other federal officials regarding election law. “The Constitution is clear: states run elections, not the White House,” said Attorney General Nessel. “While President Trump has tried to unilaterally usurp powers he simply does not legally possess, this coalition has intervened to ensure the administration follows the rule of law. Our democracy belongs to the people, and I intend to make certain that the federal government cannot bypass the Constitution to serve the President’s political agenda or his desire to manipulate elections.”
According to their motion, several aspects of Executive Order No. 14399 are challenged: its attempt to dictate voter eligibility lists at a federal level; its requirement for states and USPS involvement in compiling such lists; prohibiting USPS from transmitting ballots from voters not included; and new directives that could put states’ officials at legal risk if they issue ballots deemed improper under these rules.
The court has ordered a response from representatives of President Trump by Thursday, May 7, with a hearing scheduled for Tuesday, June 2 at 10 AM Eastern Time.
Attorneys general from Arizona, California, Colorado, Connecticut, Delaware, 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 Pennsylvania’s governor have joined Michigan in this legal effort.