BOSTON – A federal District Court heard arguments today in a lawsuit challenging President Trump’s March 31 executive order concerning mail-in voting. Plaintiffs argue that the order violates the US Constitution and federal law and risks mass disenfranchisement of eligible voters.
The Constitution makes clear that only the states and Congress can set the rules for elections. Nevertheless, the executive order attempts to override states’ mail-in voting laws by transforming the US Postal Service from a neutral mail carrier into an arbiter of who may cast a ballot by mail. The order also requires the Department of Homeland Security to build and give to each state a purported list of US citizens over the age of 18.
Plaintiffs asked the court today for a preliminary injunction to block implementation of Section 3 of the order, which directs the Postal Service to create unlawful new rules for the transmission of mail-in ballots.
The suit was filed in US District Court for the District of Massachusetts by the League of Women Voters of Massachusetts, League of Women Voters, Association of Americans Resident Overseas, US Vote Foundation, OCA - Asian Pacific American Advocates, and Delta Sigma Theta Sorority, Inc.
They are represented by the American Civil Liberties Union, ACLU of Massachusetts, Brennan Center for Justice, Legal Defense Fund, Asian Americans Advancing Justice | AAJC, and LatinoJustice PRLDEF.
The following are statements from the plaintiffs and their legal counsel:
"Mail voting helps millions of Americans participate in our democracy, including seniors, voters with disabilities, military families, students, caregivers, and working people," said Marcia Johnson, chief of activation and justice for the League of Women Voters. "No president has the authority to unilaterally rewrite election rules or dictate how states administer their elections. The League will continue to fight for and defend every voter's freedom to make their voice heard."
"Massachusetts voters fought hard to secure accessible vote-by-mail options, and we are not going to stand by while those freedoms are threatened," said Celia Canavan, executive director of the League of Women Voters of Massachusetts. "Today's hearing made clear what is at stake. This executive order will create confusion, undermine confidence in our elections, and place new obstacles in front of eligible voters. The League of Women Voters of Massachusetts is proud to stand alongside our partners to defend the constitutional principles and voter protections that make our democracy great."
"The Constitution is clear: the states and Congress — not the president — set the rules for our elections. The Trump administration is attempting to seize that power for itself with an unlawful and dangerous executive order. The order is already interfering with plaintiffs' essential work helping American citizens vote," said Attorneys representing the plaintiffs. "Together with our courageous clients, we’re seeking a preliminary injunction to stop further chaos in our elections, uphold the rule of law, and protect the millions of citizens who rely on mail-in voting, including people with disabilities, students, rural voters, and the elderly. We won't let the Trump administration continue to trample on the fundamental right to vote."
"For many Americans living abroad, voting by mail isn’t a preference, it’s the only option. President Trump’s unlawful executive order creates unnecessary complications and threatens to shut many overseas voters out of our democracy altogether," said the Association of Americans Resident Overseas. "These voters are Americans and deserve to have a say. Their votes must not be thrown into doubt by reckless new rules.”
"Overseas citizens, including service members and their families, are some of the most civically committed Americans," said the US Vote Foundation. "They serve our country, build networks of US citizens abroad, and stay connected to their families and communities back home. The president's mail-in ballot executive order puts their fundamental right to vote at risk. Overseas and military voters add informed and relevant perspectives to our country. Their votes deserve to be protected!”
"The Asian American community is made up overwhelmingly of multilingual immigrants and New Americans. Many of us have navigated the immigration and naturalization process and know that there are a variety of situations that make our community prone to being misidentified as noncitizens," said OCA – Asian Pacific American Advocates. "With 3 in 4 Asian Americans speaking a language other than English at home, and when a third of us have limited English proficiency, voting by mail increases access to trusted translators and is a crucial part of being able to fully participate in our democracy. We must push back against efforts that create barriers to voting, and we stand in solidarity with all the other communities represented here today.”
"Delta Sigma Theta Sorority, Inc. has always understood voting rights as fundamental to democracy and to the full citizenship of the communities we serve and represent," said Cheryl W. Turner, international president of Delta Sigma Theta Sorority, Inc. "This order threatens to create confusion, delay, and unlawful barriers for eligible voters who rely on mail-in voting, including seniors, voters with disabilities, students, service members, and communities that have too often had their political power challenged or denied. Delta is proud to stand with our co-plaintiffs and legal partners to defend the Constitution, protect voters, and ensure that every eligible ballot can be cast, counted and certified."
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