The lawsuit challenges an order intended to require voters to prove they are citizens to vote.
A group of 19 Democrat Attorney Generals filed a lawsuit on April 3 against President Donald Trump’s executive order, preventing voters from confirming that they are U.S. citizens and counting mail-in ballots the state receives after election day.
“The president’s attempts to control our elections, intimidate voters, and limit Americans’ rights to vote are unconstitutional, undemocratic, and frankly, non-American,” said Democrat New York Attorney General Lettia James.
Last year, states participating in the lawsuit were allowed to postpone votes taken in advance of election day if they arrived within a specific window established by state law.
In his order, Trump cited the policy that Denmark and Swedish policies do not accept late mail-in voting, regardless of when they are in postal standard time, and said the US should follow the same policy.
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California and Nevada lead a group of 19 states who claim Trump lacks the sole power to amend the state’s election process. Congress has the power to preempt the state laws of federal elections, they said.
“Neither the Constitution nor Congress has allowed the president to attempt to restrict votes,” California Attorney General Rob Bonta, a Democrat, said in a statement.
Senate minority leader Chuck Schumer (DN.Y.), who is the leader of the Democratic National Committee and the Democratic Congress, and Hakeem Jeffries (DN.Y.), who is the leader of the House minority, have already challenged Trump’s orders in court.
In their case, 19 states alleged that the rules violated the Constitution and the National Voting Rights Act. This allows a person to vote as long as they prove their citizenship under the threat of perjury.
Democrats say it’s already illegal for non-citizens to vote, but Republicans raised concerns about how a lack of verification would allow some non-citizens to lie to register.
The Attorney General also accused Trump of violating state constitutional authorities of elections by using federal funds and potential losses in Justice Department investigations as threats.
In his order, Trump “suffered to properly fail voter citizenship, and in recent years the Justice Department has failed to prioritize and devote sufficient resources to enforce these provisions,” claiming the Biden administration has allowed illegal immigration in the state’s voter role.
When he issued the order, the president said it needed to “set our election straight.”
Reuters contributed to this report.
