Attorney General Clark Sues Trump Administration Over Mail-In Voting Executive Order

Attorney General Charity Clark today joined a coalition of 23 attorneys general and one governor in suing President Trump, challenging his unlawful Executive Order that attempts to interfere with states' constitutional authority to administer elections by restricting voter eligibility and mail voting to lists of voters pre-authorized by the federal government.

The Executive Order, signed on Tuesday, attempts to establish a national list of eligible voters and directs the U.S. Postal Service to transmit mail ballots only to those on the list. 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 coalition argues in their lawsuit that the Order would require states to act contrary to their own voter roll procedures, vote-by-mail systems, and voter registration laws.

"This Executive Order is plainly unconstitutional," said Attorney General Clark. "The Constitution makes clear that states have the power to run their own elections, and it does not authorize the President to interfere in state election administration. I will continue to stand shoulder to shoulder with Secretary of State Copeland Hanzas to protect free and fair elections in Vermont. I remain steadfast in my commitment to defend the Constitution and safeguard your right to vote."

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 cast their ballots by mail if they meet their state's requirements for doing so. Voters of all parties, in all states, and of every demographic utilize mail-in voting - including the President himself .

"Vermont law prescribes how citizens register and vote and the notion that a Federal Agency would create a list of approved voters is preposterous. As Vermont's Chief Election Officer I intend to defend the right of every eligible voter in Vermont to cast their ballot in our free, fair, accessible, and secure elections. I am wholeheartedly on board with this litigation," said Secretary Sarah Copeland Hanzas. "This is yet another instance of federal overreach and I look forward to our continued collaboration with the Attorney General and her team."

In the 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.

The administration of elections is highly complex and requires substantial planning and preparation. The attorneys general argue that the President's Executive Order would require states to upend their existing election administration procedures for upcoming elections and conduct statewide voter education at a dangerously quick pace - potentially within weeks of primary elections and mere months before the beginning of mail 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.

The coalition alleges that the President's Executive Order violates the separation of powers and unlawfully interferes with states' mail voting programs. The coalition asks the court to prevent the federal government from implementing or enforcing the Executive Order.

Joining Attorney General Clark in filing this 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, Virginia, Washington, and Wisconsin, as well as the governor of Pennsylvania.

A copy of the complaint is available on our website.

This lawsuit is the 48^th case Attorney General Clark has brought against the Trump Administration since President Trump took office in January 2025. For more information on actions taken by the Attorney General on behalf of Vermonters, visit our website.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171