BOSTON, September 11 — A federal lawsuit seeking to block President Trump’s executive order on federal election verification is moving through the courts, with the League of Women Voters among the plaintiffs challenging what they describe as an unconstitutional power grab.
The suit, filed by the ACLU, ACLU of Massachusetts, and co-counsel voting rights partners, represents the League of Women Voters of Massachusetts, the League of Women Voters, Association of Americans Resident Overseas, U.S. Vote Foundation, OCA – Asian Pacific American Advocates, and Delta Sigma Theta Sorority, Inc. The plaintiffs argue the order threatens the ability of millions of eligible citizens to cast ballots.
On March 31, President Trump issued an Executive Order titled “Ensuring Citizen Verification and Integrity in Federal Elections,” directing federal agencies to compile lists of U.S. citizens and transmit them to states before every election. The order directs the U.S. Postal Service to create a list of “approved” mail voters and to refuse delivery of ballots from voters not on that federally created list.
It further threatens states with non-delivery of their voters’ ballots unless they submit lists of eligible mail voters to USPS at least 60 days before each election. The Department of Homeland Security is instructed to compile citizen lists from federal databases, including Social Security Administration records and immigration data.
According to the plaintiffs, the order would threaten the ability of millions of eligible citizens to cast ballots, particularly military members, overseas citizens, the elderly, recently naturalized citizens, and voters with disabilities who rely on mail voting.
Constitutional Questions
The Constitution gives Congress and the states, not the President, the power to regulate elections.
The plaintiffs bring six claims: violation of the constitutional separation of powers; ultra vires action because it commandeers USPS in violation of Congress’s postal statutes; violation of the Tenth Amendment and principles of federalism by coercing states to alter election laws; unconstitutional burden on the right to vote; violation of Section 11(a) of the Voting Rights Act by directing USPS to refuse delivery of lawful ballots to eligible voters; and violation of the Privacy Act by requiring rushed, non-consensual compilation and dissemination of inaccurate personal data about millions of Americans without required public notice and comment.
This is President Trump’s second attempt to seize control of federal elections by executive fiat, issued despite injunctions from three separate federal courts blocking a previous 2025 Executive Order on similar grounds.
Court Proceedings
On September 4, the District Court preliminarily blocked USPS from enforcing key provisions of its finalized mail-ballot rule for the November 2026 election. The federal government and intervening states appealed and asked the First Circuit to stay the injunction pending appeal. The federal government also sought emergency relief from the Supreme Court.
On September 3, an Opposition to Request for an Administrative Stay was filed at the Supreme Court. On September 4, the Society for the Rule of Law Institute filed an amicus brief opposing the application for a stay and supporting respondents.
On September 5, Corey J. Biazzo, Esq., filed an amicus brief in support of respondents. The case remains ongoing.
What this signals is a broader constitutional confrontation over the limits of executive power in election administration — one that will likely reach the Supreme Court before the November election.
