Twenty-four states filed a constitutional lawsuit Friday challenging President Trump’s executive order that would federalize mail-in voting by creating government-controlled voter lists and threatening election workers with jail time for non-compliance.

Constitutional Challenge Takes Shape

Arizona Attorney General Kris Mayes and Secretary of State Adrian Fontes joined 22 other states and the District of Columbia in the legal action. The lawsuit argues the Constitution grants states, not the president, authority over election administration. Trump’s Tuesday order directs his administration to compile federal voter eligibility lists and instructs the U.S. Postal Service to mail ballots only to citizens appearing on those lists. Legal experts question whether the president possesses authority to issue directives to the independent Postal Service.

The executive order includes criminal penalties for election officials who distribute ballots to voters not appearing on federal lists. Arizona Secretary of State Fontes stated the order directly attacks election administrators who maintain democracy’s daily operations. Critics highlight the impractical timeline, noting ballots begin distribution in September for fall elections, leaving insufficient time to verify voter rolls. The lawsuit seeks court declarations that specific order provisions violate the Constitution and requests injunctions blocking implementation.

Arizona’s Mail Voting Tradition at Stake

Arizona has permitted mail-in voting for nearly 35 years, with state officials reporting more than 80 percent of Arizona voters now cast ballots by mail. Attorney General Mayes emphasized that millions of Independents, Republicans, and Democrats across Arizona have voted by mail for decades, including rural residents and tribal members. The state argues federal seizure of election control contradicts constitutional principles. Trump himself regularly votes by mail, including in a Florida special election last month, despite his public criticism of the practice since 2020.

Political Context and Implications

Mail voting gained bipartisan popularity until 2020, when Trump targeted the method with unsubstantiated fraud claims. Multiple investigations, including Republican-led reviews, found no significant fraud in the 2020 election. The practice subsequently decreased among Republicans while increasing among Democrats, creating political incentive to restrict mail voting before midterm elections that will determine congressional control. Since returning to office, Trump has attempted multiple election interventions, including calling for federal takeover of voting in Democratic areas and launching investigations based on debunked conspiracy theories. A congressional bill requiring in-person documentary citizenship proof for voter registration has stalled in the Senate due to Democratic opposition.