Attorney General James Takes Action to Block President Trump’s Unconstitutional Attempt to Control Elections

NEW YORK – New York Attorney General Letitia James and a coalition of 18 other attorneys general continued their fight to protect the nation’s elections by filing a motion for a preliminary injunction to immediately block key provisions of President Trump’s unlawful Executive Order. On April 3, Attorney General James and the coalition sued President Trump, arguing that his Executive Order on elections is an unconstitutional and unprecedented power grab that seeks to override state control over elections, imposes burdensome restrictions on voter registration, and threatens the democratic process. With the filing, the attorneys general are asking the court to immediately block several dangerous provisions in the president’s Order from taking effect to prevent irreparable harm to state election systems, voters, and the democratic process.

“Our Constitution is clear: it is up to the states and Congress, not the president, to set the rules governing our elections,” said Attorney General James. “This Executive Order would throw our elections into chaos, disenfranchise voters, and undermine the public’s faith in our most sacred democratic institutions. I urge the court to stop this unlawful, dangerous power grab before it causes irreparable harm to our nation.”

Attorney General James and the coalition are asking the court to immediately halt the implementation of several illegal and unconstitutional provisions in the president’s Order, including:

• Requiring voters to provide physical proof of citizenship when using the federal voter registration form, in direct violation of the National Voter Registration Act (NVRA);
• Mandating state offices that provide public assistance and state-funded disability services to assess residents’ citizenship before they provide voter registration forms, burdening state and local officials and creating new barriers to registration;
• Prohibiting states from counting mail-in ballots received after Election Day, in violation of the U.S. Constitution’s Elections Clause and longstanding federal and state election laws; and
• Threatening to withhold congressionally appropriated federal election funding unless states comply with the Order’s unlawful mandates.

The attorneys general argue that these provisions will have severe consequences for states, which would have to unnecessarily overhaul their voter registration systems in order to comply, at significant time and cost to taxpayers. The rushed timeline is already causing chaos and confusion for election officials, who have been forced to divert critical resources and abandon important election projects to implement these illegal mandates. Attorney General James and the coalition assert that states are facing impossible decisions, under the threat of legal action, meaning election officials must choose between following state law or risking prosecution. The Trump administration is also threatening to withhold federal funding for states that do not comply. New York has received over $237 million in federal election administration funds to date, and losing millions in election funding would have a devastating impact on New York’s ability to run safe elections.

In addition, Attorney General James and the coalition argue that these new, unlawful requirements would seriously harm voters. New proof of citizenship requirements risk disenfranchising individuals who are otherwise eligible to vote, especially those without immediate access to citizenship documents. The requirement is also redundant, as states already have measures in place to prevent non-citizens from voting and instances of voter fraud are exceptionally rare. Confusion over new deadlines threatens widespread voter disenfranchisement and erodes public trust in the election system. Mail-in voters could unknowingly have their ballots rejected despite timely mailing. In addition, thousands of ballots could potentially go uncounted, given that the Order also threatens the ballot “curing” process, which allows voters to fix minor issues on their ballots after submission. More than 836,000 New Yorkers voted by mail in 2024, and more than 23,500 New York ballots went through the “curing” process. The attorneys general warn that uncertainty over ballot counting could invite election challenges and destabilize election results.

In their filing, Attorney General James and the coalition argue that states are under imminent threat, meaning these provisions must be blocked immediately to prevent chaos ahead of upcoming elections. The federal government is actively moving to implement the new requirements, and state officials are already diverting significant resources to respond. If not stopped, these illegal changes will fundamentally alter voter registration systems, burden state agencies, and disenfranchise voters, particularly members of vulnerable communities. The attorneys general urge the court to act now and block these unlawful provisions before the federal voter registration form is changed and deadlines take effect.

Joining Attorney General James in filing the motion are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Rhode Island, Vermont, and Wisconsin.