In a coordinated action, the best Democratic leaders and campaign committees on Monday evening filed a federal complaint against President Donald Trump's executive order requiring evidence of citizenship to vote and permitting federal entry to state voter registration lists. The 70-page lawsuit filed in Washington, D.C., charges Trump with trying to rewrite election law unilaterally in contravention of the US Constitution, the New York Times reported.
Democrats charge overreach and political motive
The lawsuit contends that the executive order has no legal basis and is motivated by Trump's personal grievances and conspiracy theories. "The president has no such power," the lawsuit contends, citing the Constitution's Elections Clause, which grants states—and not the president—control over election rules, with Congress having limited legislative authority. Trump's action, Democrats assert, is an effort to rig the electoral system in his direction by suppressing voter access.
What the executive order does
The order, signed last week, implements a number of contentious steps. It makes voters in federal elections present documentary evidence of American citizenship, takes away funding from states that count mail-in ballots postmarked by but received after Election Day, and permits the Department of Government Efficiency (DOGE), whose head is Elon Musk, to access state voter rolls for "consistency" checks.
At least 17 states already allow such ballots, and critics caution that up to 21 million eligible voters might not have access to proof of citizenship, a 2023 study by the University of Maryland and the Brennan Center for Justice said.
Democrats decry a blow to democracy
The Democratic National Committee, along with US congressional and gubernatorial campaign committees, Senate Minority Leader Chuck Schumer, and House Minority Leader Hakeem Jeffries, characterised the order as an "unconstitutional power grab." In a joint statement, they stated it "attacks vote by mail, gives DOGE sensitive personal information and makes it harder for states to run their own free and fair elections."
The suit also blames Trump for undermining the autonomy of the Election Assistance Commission, established by US Congress in 2002, by charging it with enforcing the new citizenship requirements—something that it was never given the authority to do.
White House defends 'common-sense' reforms
Harrison Fields, a spokesperson at the White House, justified the action as required for election integrity. "The Trump administration is standing up for free, fair and honest elections," he claimed. "Democrats continue to show their disdain for the Constitution and it continues to show in their insane objections."
Possible ramifications for voters and states
The suit threatens rampant disenfranchisement, particularly for citizens who use mail-in ballots or do not possess citizenship documents. It cites cases such as Washington State, where more than 250,000 ballots postmarked on time arrived after Election Day in 2024.
The legal complaint also points out that the change in ballot deadlines violates long-standing state policy and Supreme Court precedent. Even Justice Brett Kavanaugh, a Trump appointee, previously held that establishing such deadlines is a matter of state decision.
As Democrats cast the case as a defining battle for voting rights and democratic norms before the 2026 midterms, the lawsuit may stage a big court showdown over the boundaries of presidential authority in US elections. The decision could have sweeping implications for how Americans vote—and who gets to count their votes.
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