Voting by mail in midterms? Democrats' suit could impact how it works

A coalition of more than 20 Democratic-led states and Pennsylvania Governor Josh Shapiro sued President Donald Trump over a March 31 executive order that would impose new USPS‑based restrictions on mail‑in voting, arguing the order exceeds constitutional authority and threatens free elections.

A coalition of Democrat-led states filed yet another court challenge to President Donald Trump's executive order placing restrictions on mail-in voting.

The April 3 lawsuit from more than 20 Democratic state attorneys general as well as from Pennsylvania Gov. Josh Shapiro alleges that Trump "flouted" constitutional principles that give states primary responsibility for running federal elections.

The Constitution assigns states the authority to set the "Times, Places and Manner" of elections for members of Congress, while also authorizing Congress to pass a law altering many of those regulations.

The states zeroed in on that constitutional provision as they argued that Trump is acting without authority.

"Neither the Constitution nor any act of Congress confers upon the President the authority to mandate sweeping changes to States’ electoral systems or procedures," they said in the lawsuit.

Trump's March 31 executive order directs the U.S. Postal Service to create "uniform standards" to prevent it from transmitting the mail-in ballots of people who aren't approved to vote. The service would provide each state with a list of "enrolled" voters.

"Only Democrat politicians and operatives would be upset about lawful efforts to secure American elections and ensure only eligible American citizens are casting ballots," White House spokesperson Abigail Jackson told USA TODAY in a statement.

"President Trump campaigned on securing our elections and the American people sent him back to the White House to get the job done," she added.

The states say the order coerces states with threats of investigation and prosecution into disenfranchising voters missing from the federal government's "shadow voter eligibility lists."

"Free and fair elections are the cornerstone of our democracy, and no president has the power to rewrite the rules on his own," New York Attorney General Letitia James, one of the state attorneys general behind the lawsuit, said in a statement.

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A series of voting rights groups and top congressional Democrats have also sued Trump in two separate lawsuits that aim to block his new restrictions on mail-in voting, alleging they amount to an unlawful power grab.