On March 25, 2025, in a sweeping and unprecedented Executive Order, President Trump attempted to usurp the power to regulate federal elections from Congress and the States. Among other things, the Executive Order directs the Election Assistance Commission—an agency that Congress specifically established to be bipartisan and independent—to require voters to show a passport or other citizenship documentation in order to register to vote in federal elections. If implemented, the Executive Order would threaten the ability of millions of eligible Americans to register and vote and upend the administration of federal elections.

In 2020, in a nearly unanimous bipartisan vote, Mississippi joined eighteen other states in accepting mail ballots postmarked by Election Day that arrived after Election Day (in Mississippi’s case, up to five business days). This lawsuit by partisan actors seeks to disenfranchise these voters whose ballot is mailed by Election Day but—through no fault of their own—does not arrive until afterwards. In Mississippi, this harm will fall disproportionately on voters with disabilities, older voters, and other communities that rely upon absentee voting. Twisting the words and meaning of Congress, the RNC argues that three longstanding federal laws that set a uniform election day for federal races require that ballot may only be counted if they are received by election officials by Election Day. If accepted, this radical argument would not only disenfranchise thousands upon thousands of voters in Mississippi and thirty other states, but also upend election administration in every state.

Representing Common Cause and two D.C. voters, the ACLU Voting Rights Project and has filed a motion to intervene in a federal lawsuit over the federal government’s demand that D.C. turn over its entire voter registration rolls, including voters’ sensitive personal data such as drivers’ license numbers and partial social security numbers.

Representing the Chippewa Cree Indians of the Rocky Boy’s Reservation and two Native American voters living in Chouteau County, Montana, the American Civil Liberties Union, ACLU of Montana, and Native American Rights Fund (NARF) challenged the holding of at-large elections for the Chouteau County Board of Commissioners. The suit alleges the system unlawfully dilutes the voting strength of Native American voters in the county and has denied them any representation on the county commission for more than a decade.