ATTORNEY GENERAL JAY JONES SUES TRUMP ADMINISTRATION OVER UNLAWFUL EXECUTIVE ORDER ATTEMPTING TO EXERT FEDERAL CONTROL OVER ELECTIONS
Executive Order Threatens to Disenfranchise Eligible Voters and Violates States’ Authority to Administer Elections

RICHMOND, Va.– Attorney General Jay Jones today joined a coalition of 21 attorneys general in suing President Trump in the U.S. District Court for the District of Massachusetts, challenging his unlawful Executive Order that attempts to interfere with states’ constitutional authority to administer elections by restricting voter eligibility and mail voting to lists of voters pre-authorized by the federal government. 

“This is a blatant attempt by Donald Trump to sow confusion and distrust in our democratic processes and to influence the midterm elections for his own personal gain,” said Attorney General Jay Jones. “This order does not affect balloting for the April 21 referendum, but if left in place it will disenfranchise voters in the November election. This fearmongering and arrogation of States’ authority is plainly unconstitutional. I’m proud to join attorneys general across the country in defending the right to the franchise and to use every legal tool available to us to stop the president's illegal power grab.”

On March 31, President Trump signed an Executive Order attempting to establish a national list of eligible voters and directing the U.S. Postal Service, an independent federal agency, to transmit mail ballots only to those on the list. In the Order, the President threatens states and elections officials with criminal prosecution and the loss of federal funding if they do not comply with his demands. The attorneys general argue that the Order would require states to act contrary to their own voter roll procedures, vote-by-mail systems, and voter registration laws. 

State and federal law entitle all eligible voters to cast ballots and have their votes counted in state and federal elections. 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. 

In their lawsuit, the coalition explains that the U.S. Constitution gives states the primary authority to administer elections. In contrast, the Constitution does not allow the President to unilaterally impose changes to federal election procedures, particularly without an act of Congress permitting him to do so. 

Moreover, the administration of elections is highly complex and requires substantial planning and preparation. The attorneys general argue that the President’s Executive Order would require states to upend their existing election administration procedures for upcoming elections and conduct statewide voter education at a dangerously quick pace – potentially within weeks of primary elections and mere months before the beginning of mail voting for the 2026 general election. The coalition argues that such drastic and rapid changes will undoubtedly create confusion, chaos, and distrust in state election systems, all while threatening to disenfranchise eligible voters. 

With Virginia holding elections every year, and voting underway for Virginia’s April 21 referendum, maintaining an accessible and locally administered balloting process is paramount to our democracy. Virginia election officials are our friends and neighbors in communities across the Commonwealth working at this moment to deliver another election that’s free, fair, safe, and secure. They’ll make sure every eligible vote, and only every eligible vote, is counted. Virginians should feel confident that their vote is secure for the election currently underway and will remain so for every election going forward.

The attorneys general allege that the President’s Executive Order violates the separation of powers and unlawfully interferes with states’ mail voting programs. The coalition asks the court to prevent the federal government from implementing or enforcing the Executive Order. 

Joining AG Jay Jones in filing this lawsuit, which was led by Massachusetts Attorney General Andrea Joy Campbell, California Attorney General Rob Bonta, Nevada Attorney General Aaron Ford, and Washington Attorney General Nick Brown, are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Rhode Island, Vermont, and Wisconsin.

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