Pro-Voter Coalition Sues Over Trump Trying to 'Declare Election Rules by Executive Fiat'

A pro-voter coalition on Monday sued to block U.S. President Donald Trump's recent executive order that critics warn would make it harder for tens of millions of eligible citizens to cast their ballots in state and federal elections.

The Campaign Legal Center (CLC) and State Democracy Defenders Fund (SDDF) sued the executive office of the president and members of Trump's administration in a Washington, D.C. federal court on behalf of three advocacy groups: the League of United Latin American Citizens (LULAC), Secure Families Initiative (SFI), and Arizona Students' Association (ASA).

"The president's executive order is an unlawful action that threatens to uproot our tried-and-tested election systems and silence potentially millions of Americans. It is simply not within the president's authority to set election rules by executive decree, especially when they would restrict access to voting in this way," said Danielle Lang, senior director of voting rights at CLC.

"Donald Trump is attempting to wrongfully impede voting by millions of Americans with this latest unlawful executive order."

As the complaint puts it: "Under our Constitution, the president does not dictate election rules. States and Congress do... Through the order, the president attempts to exercise powers that the Constitution withholds from him and instead assigns to the states and to Congress. The order violates and subverts the separation of powers by lawlessly arrogating to the president authority to declare election rules by executive fiat."

Trump's order includes provisions enabling the Department of Government Efficiency (DOGE) and Department of Homeland Security to subpoena voting records for "list maintenance," restricting mail-in voting, and requiring the Election Assistance Commission to include documentary proof of citizenship on the federal voting form.

"Donald Trump is attempting to wrongfully impede voting by millions of Americans with this latest unlawful executive order. But it will not work. In America voters get to pick their president—presidents don't get to pick their voters, declared SDDF co-founder and executive chair Norm Eisen. "We are proud to stand up for the ability of every American voter to cast their ballots freely and fairly through this litigation."

Advocacy group leaders detailed how provisions in Trump's order would impact various communities if the directive isn't struck down.

"Military families, veterans, caregivers, and overseas voters deserve secure access to the very democracy we serve to protect—no matter where we're stationed or how we serve," said SFI executive director Sarah Streyder. "This new order would mean that the veteran who is a full-time caretaker at home, who has done everything right, may now be shut out of the ballot box due to outdated paperwork."

"This new order would mean that the military family stationed on the other side of the world from home, who crossed every t and dotted every i—their military ID will no longer suffice, and due to mail delays outside of their control, their ballot will never count," Streyder warned.

Roman Palomares, LULAC's national president, declared that "this executive order, based on nothing but years of disinformation, is blatantly unlawful and a naked attempt to suppress the votes of targeted communities—disproportionately impacting the Latino community."

"We are proud to join this coalition seeking to stop the effort to silence the voice and votes of the U.S. electorate—and particularly of voters of color," Palomares continued. "Our democracy depends on all voters feeling confident that they can vote freely and that their vote will be counted accurately."

Kyle Nitschke, co-executive director of Arizona Students' Association, highlighted that some states have imposed voter suppression laws similar to Trump's executive order (EO).

"The Arizona Students' Association has seen firsthand what these egregious citizenship requirements really are, an attempt to suppress the vote. In Arizona we have a dual-track federal registration system, and the voters being affected by citizenship requirements are college students registering to vote for the first time, unsheltered voters, and Native voters, Nitschke said. "There are already extensive citizenship checks in place when registering to vote, Trump's EO is a clear attack on our voting rights. Our student members believe we should live in a country where it's accessible and convenient to be a part of democracy."

The Associated Pressnoted that "Monday's lawsuit against Trump's elections order could be just the first of many challenges. Other voting rights advocates have said they're considering legal action, including the American Civil Liberties Union and Democratic attorney Marc Elias. Several Democratic state attorneys general have said they are looking closely at the order and suspect it is illegal."

Monday evening, the Democratic National Committee, Democratic Governors Association, Democratic Senatorial Campaign Committee, Democratic Congressional Campaign Committee, Senate Minority Leader Chuck Schumer (D-N.Y.), and House Minority Leader Hakeem Jeffries (D-N.Y.) announced that they also filed a suit against the order in the D.C. court. They are represented by Elias Law Group.

"This executive order is an unconstitutional power grab from Donald Trump that attacks vote by mail, gives DOGE sensitive personal information, and makes it harder for states to run their own free and fair elections," they said in a joint statement. "It will even make it harder for military members serving overseas and married women who have changed their name to have their votes count."

"Donald Trump and DOGE are doing this as an attempt to rationalize their repeatedly debunked conspiracy theories and set the groundwork to throw out legal votes and ignore election outcomes they do not like," they added. "It's anti-American and Democrats are using every tool at our disposal—including taking Trump to court—to stop this illegal overreach that undermines our democracy."

The pro-voter lawsuits are also among several legal challenges to Trump's long list of executive actions since January 20. As Common Dreamsreported earlier Monday, the National Treasury Employees Union filed a federal suit in the same D.C. court over Trump's recent order that aims to strip collective bargaining rights from hundreds of thousands of government workers.

It's not just the Trump administration that's working to make it more difficult for Americans to participate in democracy. Republicans in the U.S. House of Representatives are also planning to hold a vote on the Safeguard American Voter Eligibility (SAVE) Act this week.

"If the bill passes, more than 21 million Americans could be blocked from voting," the Brennan Center for Justice warned on social media Monday. "The SAVE Act would be the first voter suppression bill ever passed by Congress. Lawmakers should be protecting the freedom to vote—not restricting it. We urge Congress to reject the SAVE Act."

This article has been updated to include the Democratic lawsuit.