Attorney General Kwame Raoul, representing a coalition of 19 attorneys general, has initiated legal action against the Trump administration. This suit challenges an executive order signed by President Trump in March that is viewed as an unconstitutional attempt to enforce widespread voting restrictions nationwide.
The executive order allegedly attempts to involve state election officials in a campaign to require documentary proof of citizenship for voter registration. It also aims to alter existing state procedures for counting ballots, which are designed to facilitate broad voter participation.
Raoul expressed his concerns, stating, "The authority to modify the rules Congress established for U.S. elections lies within Congress. Instead of imposing voting restrictions across the country, we should focus our efforts on encouraging more Americans to participate in the democratic process." He affirmed his commitment to defending Illinois laws that empower voter participation and opposing attempts to disenfranchise voters.
The lawsuit, filed in the U.S. District Court for the District of Massachusetts, argues that election regulation powers are reserved for the states and Congress. Raoul and his fellow attorneys general seek to have the court block the provisions of the order, claiming these exceed presidential power and contravene legal principles.
Specific concerns with the executive order include:
Forcing the Election Assistance Commission to demand documentary proof of citizenship for federal mail voter registration. This commission, established by Congress, collaborates with state election officers to manage federal elections and has never required such proof for registration.
Mandating state-designated federal voter registration agencies to verify citizenship before issuing federal voter registration forms to public assistance enrollees. Raoul and the coalition argue this commandeers state agencies into a federal agenda deemed unlawful and unnecessary.
Requiring states to reject "mail-in ballots received after election day," altering existing counting laws which allow timely mail-in ballots to be accepted post-election day, up to 14 days in Illinois.
Compelling military and overseas voters to provide documentary proof of citizenship for state elections. The Federal Post Card Application, used for federal election registration, does not require this for participation in stateside voting.
Threatening to withhold federal funds from states that do not comply with the order's mandates. This is contested as an overreach of executive power, infringing upon states' rights and sovereignty.
In addition to Raoul, attorneys general from 18 states including Arizona, California, and New York, are joining the lawsuit. The group aims to preserve state sovereignty and maintain the separation of powers as per the U.S. Constitution.