League of Women Voters of Massachusetts v. Trump

The Constitution gives Congress and the states — not the President — the power to regulate elections. Despite this, President Trump's March 31, 2026 Executive Order attempts to impose a sweeping new federal regime over mail-in and absentee voting nationwide.

The Order directs the Department of Homeland Security to compile lists of citizens from federal databases — including Social Security Administration records and immigration data — and transmit those lists to states before every federal election. It then directs USPS to refuse to deliver mail-in or absentee ballots from any voter who does not appear on a federally created enrollment list. It also threatens states with non-delivery of their voters' ballots unless those states submit lists of eligible mail voters to USPS at least 60 days before each election.

The ACLU, ACLU of Massachusetts, and co-counsel voting rights advocate partners have sued to block President Trump's Order. We proudly represent the League of Women Voters of Massachusetts, the League of Women Voters, Association of Americans Resident Overseas (AARO), U.S. Vote Foundation, OCA - Asian Pacific American Advocates (OCA), and Delta Sigma Theta Sorority, Inc.

This Executive Order 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.

Plaintiffs bring six claims: the Order violates the constitutional separation of powers; it is ultra vires because it commandeers USPS in violation of Congress's postal statutes; it violates the Tenth Amendment and principles of federalism by coercing states to alter their election laws; it unconstitutionally burdens the right to vote; it violates Section 11(a) of the Voting Rights Act by directing USPS to refuse to deliver lawful ballots to eligible voters; and it violates the Privacy Act by requiring the rushed, non-consensual compilation and dissemination of inaccurate personal data about millions of Americans without the required public notice and comment.