New Jersey and almost two dozen other states are suing the White House over President Donald Trump’s executive order that would overhaul mail-in voting policies and create a national list of eligible voters.
The complaint, filed in Massachusetts federal court on Friday, argues Trump’s executive order illegally directs the U.S. Postal Service to interfere with the states’ authority to administer elections. The suit asks a judge to declare the executive order unconstitutional and block the Trump administration from enforcing it.
“The Constitution makes clear that states administer elections in America – not the federal government,” Attorney General Jennifer Davenport said in a release. “Changes to election rules cannot be made by the President through a blatantly unlawful executive order that seeks to disenfranchise voters in the name of debunked conspiracy theories about widespread fraud from voting by mail.”
The order would bar the Postal Service from transmitting mail-in ballots belonging to people not on the citizens list, and would use a bar-code tracking system on mail-in ballots. It would also direct the U.S. attorney general to prioritize the investigation and prosecution of state election officials who allegedly issue ballots to ineligible voters.
The states’ challenge was expected. The Constitution grants the states and Congress the authority to set election laws, not the president.
Trump has sought to increase his influence over election processes in various executive orders. A federal judge last year blocked a separate executive order that would have required proof of citizenship before voting and targeted states that accepted mail-in ballots after Election Day, like New Jersey.
Trump has claimed, without evidence, that mail-in voting allows for widespread fraud, particularly against Republicans. If upheld, the executive order would require a significant reworking of New Jersey’s mail-in voting system. More than 670,000 New Jerseyans cast mail-in ballots in last year’s gubernatorial race, and more than 840,000 New Jerseyans did so in 2024, according to state data.
“Secure ballot envelope identifiers provide a reliable, auditable mechanism to enforce Federal law without unduly burdening or infringing on the rights of eligible voters,” the executive order states. “Unique ballot envelope identifiers, such as bar codes, enable confirmation that only citizens receive and cast ballots, reducing the risk of fraud and protecting the integrity of Federal elections.”
Gov. Mikie Sherrill criticized the executive order, saying New Jersey’s elections are safe and arguing the president overstepped his authority.
“[Trump] is trying to attack … mail-in voting, even though he himself voted by mail. I mean, the hypocrisy knows no end,” Sherrill told reporters Thursday. “But nevertheless, I know that we can run a safe vote here in New Jersey, and I’m going to make sure as governor, we do just that.”
