States sue Trump over mail-in ballot restrictions

A coalition of Democrat-led states is taking the Trump administration to court, arguing that a new executive order restricting mail-in voting crosses constitutional lines just months before midterm elections.

The lawsuit, filed by 23 states and the District of Columbia, challenges an order that would tighten how absentee ballots are distributed. At its core, the policy would require federal agencies to compile lists of eligible voters and limit ballot distribution to those included on state-specific participation lists.

New York Attorney General Letitia James, one of the leading figures behind the case, framed the issue as a fundamental question of authority.

“Free and fair elections are the cornerstone of our democracy, and no president has the power to rewrite the rules on his own,” she said.

The legal argument hinges on who controls election rules. The states maintain that the US Constitution gives that power to state governments and Congress — not the president. Imposing changes so close to an election, they argue, risks administrative chaos and potential voter disenfranchisement.

The administration, for its part, says the move is aimed at preventing voter fraud. But that claim runs against years of data from election monitors, including conservative sources, which have found fraud to be extremely rare.

Voting rights groups warn that the proposed system could rely on incomplete federal data and place unrealistic demands on the US Postal Service, potentially disrupting ballot delivery at scale. Mail-in voting, once a more limited practice, now accounts for a significant share of ballots — roughly one-third in the 2024 election cycle.

The timing adds a clear political edge. The upcoming midterms will determine control of Congress, and with it, the legislative agenda and oversight powers in Washington. Trump has previously expressed concern about losing Republican majorities, which could open the door to renewed impeachment efforts.