The suit, filed in the U.S. District Court for the District of Massachusetts, challenges an order that, according to the coalition, directs the Postal Service to transmit mail ballots only to those on a federal list of eligible voters. The order also threatens states and election officials with criminal prosecution and the loss of federal funding if they do not comply, the attorneys general said.
The coalition argues the order violates the Constitution by commandeering state election administration authority. According to the press release, the lawsuit alleges the order would force states to abandon existing voter registration laws, voter roll procedures, and vote-by-mail systems, and that it violates separation of powers principles.
Connecticut Attorney General William Tong joined the coalition. "The Constitution plainly forbids the President from commandeering elections to manipulate and micromanage how we vote," Tong said in a statement. Tong characterized the executive order as an illegal attempt to disenfranchise millions of voters.
The attorneys general contend that implementing the federal requirements would force states to "upend their existing election administration procedures" within weeks of primary elections and months before general election mail voting begins, according to the release. They warn the changes would create "confusion, chaos, and distrust in state election systems."
The coalition seeks a court order preventing the federal government from implementing or enforcing the executive order.
The lawsuit was led by Massachusetts Attorney General Andrea Joy Campbell, California Attorney General Rob Bonta, Nevada Attorney General Aaron Ford, and Washington Attorney General Nick Brown. Joining Connecticut are attorneys general from California, Massachusetts, Nevada, Washington, Arizona, Colorado, Delaware, the District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin, plus Pennsylvania's governor.