Michigan joins lawsuit challenging Trump Executive Order that restricts voter eligibility

LANSING, Mich. (FOX 2) - Michigan has joined dozens of other states to sue the Trump Administration, challenging a recently announced Executive Order that would restrict voter eligibility.

The backstory:

Attorney General Dana Nessel joined 24 attorneys general and governors in a lawsuit on Friday challenging President Trump’s recently announced Executive Order that tackles absentee voting by restricting voter eligibility and establishing federally authorized lists of absentee voters.

On Tuesday, March 31, President Trump signed the Executive Order that attempts to establish a national list of eligible voters, and directs the USPS to transmit mail-in ballots only to those on the list. AG Nessel said the order also threatens states with a loss of federal funding and criminal prosecution for state officials if they don't comply.

The attorneys general argue that the order would make states act contrary to their voter roll procedures, vote-by-mail systems and local laws.

"Mail-in ballots are a safe and secure voting option that over 2.2 million Michiganders availed themselves to in the 2024 election, many who presumably used that choice to vote for this very President," said Nessel. "Michigan voters overwhelmingly voted to expand absentee voting in 2018."

The lawsuit argues the President does not have the authority to order changes to states’ electoral systems or procedures. AG Nessel said the order also creates a shadow of lists for voters, using threats of investigation to coerce states into disenfranchising voters missing from those lists.

Mail-in voting is also affected, as the order mandates that USPS refuses to deliver voted ballots unless the voters are on USPS’s pre-cleared list. The AG says this is maintained outside the control of the states who administer federal elections.

State leaders say the order claims to lengthen the period for election officials to preserve records to simplify prosecutions.

The Attorney General's Office wrote in a press release:

"The states filing this lawsuit permit registered voters to cast their ballots by mail if they meet their state’s requirements for doing so. Voters of all parties, in all states, and of every demographic utilize mail-in voting – including the President himself."

Big picture view:

Joining AG Nessel in this lawsuit are the attorneys general of:

Arizona
California
Colorado
Connecticut
Delaware
Washington DC
Illinois
Maine
Maryland
Massachusetts
Minnesota
Nevada
New Jersey
New Mexico
New York
North Carolina
Oregon
Rhode Island
Vermont
Virginia
Washington
Wisconsin
Governor of Pennsylvania.

What they're saying:

"The president's recent Executive Order to restrict voting rights violates the U.S. Constitution and the role states play running elections," said Governor Gretchen Whitmer. "Any attempt to federalize our elections or make it harder for Americans to cast their ballots is an attempt to take away Michiganders’ constitutional right to vote. I won’t let that happen."

Secretary of State Jocelyn Benson made a statement, saying the President's Executive Order is illegal.

"If left unchecked, it will block millions of eligible American citizens from exercising their fundamental right to vote. It seems the president is determined to rule, not to govern, so we must now take this fight to the courts," Benson said. "I’m proud to stand with Attorney General Nessel and this coalition of States to protect voters, local clerks, and election workers from this blatant federal overreach."

The attorneys general say Trump's executive order would require states to upend their election administration procedures for upcoming elections and conduct statewide voter education weeks of primary elections and months before the beginning of mail voting for the 2026 general election.

Local perspective:

In 2018, Proposal 3 passed, amending the Michigan Constitution to allow citizens to vote by mail or secure a ballot drop box in every election.

Around 2.2 million citizens voted by mail in the 2024 presidential election, including military and people overseas. More than 25% of all active registered Michigan voters, over 1.8 million, have signed up to receive a mail-in ballot for every election.

A video from Attorney General Nessel announcing the lawsuit can be found here.