Attorney General Kathy Jennings has initiated legal action against the Trump administration, challenging Executive Order 14248, known as "the Elections Executive Order," on grounds that it imposes unconstitutional voting restrictions. The defendants in the lawsuit include President Donald Trump, U.S. Attorney General Pam Bondi, the federal Election Assistance Commission, and other administration officials.
Jennings expressed strong opposition to the Executive Order, stating, "Donald Trump needs to read his constitution. The President does not have—and even in the depths of our greatest national crises, has never had—the authority to rewrite Delaware’s election laws, to nullify election laws passed by Congress, or to overturn elections. Trying to unilaterally alter election procedures in the world’s oldest constitutional republic is blatantly unlawful and un-American. We are, once again, suing to protect the Constitution and common sense."
The lawsuit addresses several key provisions of the order. One major issue is the directive for the Election Assistance Commission to mandate documentary proof of citizenship on the Federal mail registration form. The Commission, a bipartisan body established by Congress, is tasked with developing the Federal Form used for voter registration for Federal office elections. The lawsuit highlights that Congress has never imposed a documentary citizenship requirement for this form.
Another provision of the order requires heads of state-designated Federal voter registration agencies to start assessing citizenship before providing Federal voter registration forms to enrollees of public assistance programs. The complaint argues that this commandeers state agencies and personnel, compelling states to engage in the President's agenda unlawfully.
Additionally, the order mandates that military and overseas voters submit documentary proof of citizenship and eligibility to vote in state elections. This requirement contrasts with current Federal law, which allows military and overseas voters to register and vote based on their last United States domicile without needing citizenship proof.
The order also threatens to withhold federal funding from states that do not comply with its terms, an action the lawsuit claims seeks to exert control over states' sovereign powers in violation of the U.S. Constitution.
Joining Jennings in the lawsuit are attorneys general from multiple states, including Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Rhode Island, Vermont, and Wisconsin.