Michigan Officials Challenge Federal Order That Would Restrict Mail-In Voting in State Elections

Michigan Secretary of State Jocelyn Benson and Attorney General Dana Nessel have joined a coalition of 24 other attorneys general in filing a lawsuit against President Donald Trump's executive order that they say unlawfully interferes with states' authority to run elections.

The March 31 executive order directs the Department of Homeland Security and the Social Security Administration to create a federal list of eligible voters in each state. It then directs the U.S. Postal Service to only send mail ballots to voters on these lists. The order also requires ballots to have unique barcodes for tracking purposes and gives the Postal Service four months to formalize rules — just before Michigan's August 4 primary election.

Secretary of State Benson called the order illegal on its face, stating that states run elections, not the president. Under the U.S. Constitution, states are able to set the Times, Place and Manner of federal elections, and Congress is able to enact changes. Benson said the order is a result of Republican struggles to pass the Safeguard American Voter Eligibility Act, also known as the SAVE America Act, without Democratic support.

"There is no evidence of widespread mail-in voting fraud," Benson said in a statement. "According to research from the Brookings Institute last November, mail voting fraud accounted for 0.000043% of all mail ballots cast. That is about 4 out of every 10 million."

Attorney General Dana Nessel also released a statement opposing the order, saying her office would be open to pursuing legal action. "This power is not the president's to give. The constitution is clear: The president cannot direct or control our state voting laws, and no scribble of his sharpie can give him the authority that he so desperately seeks," Nessel said.

"Nessel also said she would defend voters' access to absentee ballots approved by Michigan voters in 2018. She warned that states could lose federal funding for failing to comply with the executive order and state officials could be prosecuted for providing ballots to people the federal government says are ineligible to vote.

Governor Gretchen Whitmer joined the lawsuit as well, speaking in her role as vice chair of the Democratic Governors Association. "Democratic governors will always stand up to protect our states and the fundamental right to vote — especially in the face of these ongoing attacks and dangerous federal overreach," Whitmer said in a joint statement with Kentucky Governor Andy Beshear.

The lawsuit was filed in the U.S. District Court for the District of Massachusetts. Michigan is joined by attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington and Wisconsin, as well as Pennsylvania's governor.

The coalition argues the Constitution gives states — not the president — authority over elections and is asking the court to block the order from being enforced.

According to the Detroit Free Press, Nessel noted that mail-in ballots are a safe and secure voting option that over 2.2 million Michiganders used in the 2024 election. Benson warned that the order could create fear, confusion and doubt, and could block eligible voters from casting ballots.

President Trump signed the order saying it was meant to increase security of mail-in voting. "This came up with some great legal minds. They looked at the various documents and everything that was going on because the cheating on mail-in voting is legendary," Trump said. "It's horrible what's gone on."

The lawsuit comes as Michigan faces another election in just a few months, with a primary scheduled for August 4 and a general election on November 3. West Michigan voters, including those in Kent, Allegan, and Kalamazoo counties, rely heavily on mail-in voting for convenient access to the ballot.

If the federal order is enforced, Michigan voters who have successfully used mail-in ballots in past elections could face barriers to participation in upcoming state and federal elections. The four-month timeline to implement the new rules raises concerns that the system could be in place before the November general election.

The outcome of this lawsuit could set a precedent for how federal authorities can interfere with state election administration. Benson emphasized that as secretary of state, she will protect the votes and voices of Michiganders. "The law is on our side, and I will take swift action to fight this illegal order in court," she said.