Attorney General James Wins Court Order Blocking the President’s Unconstitutional Attempt to Seize Control of Elections

NEW YORK – New York Attorney General Letitia James today won a court order halting the federal administration’s unlawful attempt to seize control of the nation’s elections via executive order. On April 3, Attorney General James and a coalition of 18 other states sued the administration over the president’s March 25 executive order, which sought to override state control of elections and make it more difficult for Americans to register to vote and cast ballots. The attorneys general argue the order is an unconstitutional and unprecedented power grab that only serves to create confusion for voters and election officials. Today the U.S. District Court for the District of Massachusetts granted the attorneys general’s request for a preliminary injunction, blocking several of the president’s most dangerous voter suppression measures.

“Free and fair elections are the foundation of this nation, and no president has the power to steal that right from the American people,” said Attorney General James. “Today’s win ensures that eligible New Yorkers will be able to register and vote without fear of disenfranchisement. My office will continue to stand up to any and all threats to our democracy, including this unconstitutional executive order.”

In their lawsuit, Attorney General James and the coalition argue that the elections executive order unlawfully imposes significant barriers on voting and voter registration and has the potential to disenfranchise millions of eligible voters. As part of their motion for a preliminary injunction, the attorneys general urged the court to block several key provisions immediately to prevent chaos ahead of upcoming elections. The attorneys general argued that proposed changes would fundamentally alter voter registration systems, burden state agencies, and disenfranchise voters, particularly voters in vulnerable and historically underserved communities.

The preliminary injunction granted today ensures states can continue to administer free and fair elections without the looming threat of illegal funding cuts – protecting New York’s access to millions of dollars in essential, congressionally allocated election funding. The order blocks the administration’s unconstitutional ban on counting mail-in ballots received after Election Day and halts the administration’s attempt to require documentary proof of citizenship on the federal voter registration form. It also ensures state officials that provide public assistance and state-funded disability services will not have the added burden of assessing residents’ citizenship before they provide voter registration forms. 

As a result of today’s order, states can pause unnecessary efforts to overhaul their voter registration systems and voters can safely vote by mail without worrying whether their ballot will be counted. States can also continue their standard ballot “curing” processes, which allows voters to fix minor issues on their ballots after submission.

Joining Attorney General James in this lawsuit are the attorneys general of Arizona, California, Connecticut, Colorado, Delaware, Hawaii, Illinois, Maryland, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New Jersey, Rhode Island, Vermont, and Wisconsin.