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MADISON, Wis. – Attorney General Josh Kaul, along with 22 other attorneys general and one governor, is suing President Trump today in the U.S. District Court for the District of Massachusetts to challenge his unlawful Executive Order that attempts to interfere with Wisconsin and other states’ constitutional authority to administer elections by restricting voter eligibility and mail-in voting to lists of voters pre-authorized by the federal government.
“An executive order isn’t a royal decree,” said AG Kaul. “The President can’t unilaterally dictate how states should run elections.”
On March 31, President Trump signed an Executive Order attempting to establish national lists of eligible voters and directing the U.S. Postal Service, an independent federal agency, to refuse to transmit mail ballots from any individual whose name is not listed. 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 vote by mail if they meet their state’s requirements for doing so.
In its 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 cause states to upend their existing election administration procedures and conduct statewide voter education at a dangerously quick pace – potentially mere months before the beginning of mail-in 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.
Wisconsin has an established process to help deliver accurate election results, including voter eligibility verification safeguards to help ensure there is only vote per voter, and security measures for absentee voting.
The attorneys general allege that the President’s Executive Order violates the separation of powers and unlawfully interferes with states’ mail-in voting programs. The coalition asks the court to prevent the federal government from implementing or enforcing the Executive Order.
Joining AG Kaul in filing the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington, and the Governor of Pennsylvania.
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