Federal Court Rejects DOJ Attempt to Obtain Maryland’s Sensitive Voter Data

BOSTON – A federal court today ruled that nonpartisan voting rights groups could continue with their legal challenge to President Trump’s executive order restricting mail-in voting ahead of the upcoming 2026 primaries and November midterm elections. In the ruling, the court recognized that the Trump administration and U.S. Postal Service (USPS) are actively working to implement the executive order, which attempts to override state election laws, including by directing the Postal Service not to deliver certain mail ballots. In addition, the Department of Homeland Security (DHS) is moving to compile and distribute “citizenship lists” even though the Department of Justice’s own lawyers acknowledged in court that the lists will be underinclusive and incomplete. The executive order and current actions by DHS and USPS to implement it are confusing voters and harming voting rights groups just as they and state and local officials are preparing for the 2026 elections. Today’s ruling dealt only with a part of the federal government’s motion to dismiss the legal challenge to the executive order. The court has not yet ruled on other pending motions, including voting rights groups’ request for a preliminary injunction to block the U.S. Postal Service from carrying out the executive order. The plaintiffs and their counsel issued the following joint statement: “We are grateful the court recognized the urgency and stakes of this case and allowed our lawsuit to proceed with respect to this year’s elections. “This executive order is plainly unconstitutional, yet the U.S. Postal Service and the Department of Homeland Security are actively working to implement it. Their actions are causing chaos and interfering with the vital work that nonpartisan voting rights groups are doing to prepare for the coming elections. As we made clear in court, implementation of this order also threatens to disenfranchise untold numbers of American citizens, including elderly, disabled and student voters and voters of color who rely on mail-in balloting. “The court will now move to consider our preliminary injunction and other pending motions. And we will continue to fight to protect the millions of people who rely on mail-in voting and to ensure that every eligible voter is able to fairly cast their ballot.” The suit was filed in U.S. District Court for the District of Massachusetts by the League of Women Voters of Massachusetts, League of Women Voters, Association of Americans Resident Overseas, U.S. Vote Foundation, OCA - Asian Pacific American Advocates, and Delta Sigma Theta Sorority, Inc. These plaintiffs are represented by the American Civil Liberties Union (ACLU), ACLU of Massachusetts, Brennan Center for Justice at NYU Law, Legal Defense Fund (LDF), Asian Americans Advancing Justice-AAJC (Advancing Justice-AAJC), and LatinoJustice PRLDEF.

One voter with cerebral palsy shares how Trump’s executive order against mail-in ballots limits voting accessibility and keeps voters with disabilities out of the election process.

Today, the U.S. Supreme Court granted Alabama a stay in the ongoing voting rights case, Milligan v. Allen, allowing Alabama to use its 2023 racially discriminatory congressional map. Last month, a three-judge district court found that the Alabama Legislature intentionally discriminated against Black voters when it enacted the 2023 map with only one district where Black voters had any opportunity to elect the candidates of their choice. The district court ordered Alabama to instead use a race-neutral map drawn by an independent special master. Alabama previously used this court-ordered map with two opportunity districts in the 2024 congressional elections. But today’s order makes it easier for Alabama to reinstate the discriminatory 2023 map for this year’s elections. “The Court’s decision allowing Alabama to use a racially discriminatory map in its congressional elections this year cannot be squared with the Constitution or Voting Rights Act,” said Davin Rosborough, deputy director of the ACLU’s Voting Rights Project. “Today’s ruling delays relief for voters who have already spent years fighting for an equal opportunity to elect candidates of their choice and to have their voices heard. We remain committed to pursuing equal opportunities in Congress for our clients and Black Alabamians. We will fight for those rights even in the face of those who continue to move the goalposts and undo our nation’s progress in realizing its promise as a multi-racial democracy.” The district court had already found, after a full trial in 2025, that Alabama’s 2023 map violated both Section 2 of the Voting Rights Act and the Constitution. But, in early May, the Supreme Court sent this case back to the district court to review again in light of the Supreme Court’s April decision in Louisiana v. Callais, which changed the standard under Section 2. Alabama then attempted to return to its discriminatory 2023 map, but the district court ruled that Alabama’s 2023 map still violates the Constitution, even after Callais. The stay granted today pauses that ruling for now. “The Supreme Court’s decision gives cover to Alabama and others to deliberately and openly discriminate against Black voters without fear of any consequence,” said Deuel Ross, Director of Litigation at the Legal Defense Fund. “The Court’s shameless decision to reinstate a racially discriminatory map defies any thoughtful or consistent application of the law. We will continue to throw all of our resources into the fight to ensure that Alabama voters have the fair representation that they deserve in Congress.” “Alabama's political leadership has made it absolutely clear that without protections for Black voters in place, they will not stop pursuing a congressional map that results in a delegation without Black representation-even after votes to the contrary are cast and counted,” said JaTaune Bosby Gilchrist, the executive director of ACLU of Alabama. “The Supreme Court may have granted Alabama's request, but it has not changed the facts and what we know to be true. The fight for equity and justice continues, and we will continue to show up wherever the work demands.” “When politicians are worried about staying in power, they come for Black voters first,” said the Milligan plaintiffs in a joint statement. “This effort to silence our communities through an intentionally discriminatory map cannot be permitted to stand. We deserve a fair shot at electing officials, regardless of party, who understand our lives and our goals, and are responsive to our concerns. Our fight for that opportunity is not over and we will continue to pursue all pathways to a fair map so that every Alabama voter has an equal opportunity to ensure they have a real voice in their government.” The plaintiffs in the Milligan case are Evan Milligan, Khadidah Stone, Letetia Jackson, Shalela Dowdy, Greater Birmingham Ministries, and the Alabama State Conference of the NAACP, who are represented by the Legal Defense Fund, American Civil Liberties Union, ACLU of Alabama, Hogan Lovells LLP, and Wiggins, Childs, Pantazis, Fisher & Goldfarb. The district court has set this case to be ready for re-trial no later than January 2027.

BOSTON – A federal District Court heard arguments today in a lawsuit challenging President Trump’s March 31 executive order concerning mail-in voting. Plaintiffs argue that the order violates the U.S. Constitution and federal law and risks mass disenfranchisement of eligible voters. The Constitution makes clear that only the states and Congress can set the rules for elections. Nevertheless, the executive order attempts to override states’ mail-in voting laws by transforming the U.S. Postal Service from a neutral mail carrier into an arbiter of who may cast a ballot by mail. The order also requires the Department of Homeland Security to build and give to each state a purported list of U.S. citizens over the age of 18. Plaintiffs asked the court today for a preliminary injunction to block implementation of Section 3 of the order, which directs the Postal Service to create unlawful new rules for the transmission of mail-in ballots. The suit was filed in U.S. District Court for the District of Massachusetts by the League of Women Voters of Massachusetts, League of Women Voters, Association of Americans Resident Overseas, U.S. Vote Foundation, OCA - Asian Pacific American Advocates, and Delta Sigma Theta Sorority, Inc. They are represented by the American Civil Liberties Union, ACLU of Massachusetts, Brennan Center for Justice, Legal Defense Fund, Asian Americans Advancing Justice | AAJC, and LatinoJustice PRLDEF. The following are statements from the plaintiffs and their legal counsel: Attorneys representing the plaintiffs: “The Constitution is clear: the states and Congress — not the p resident — set the rules for our elections. The Trump administration is attempting to seize that power for itself with an unlawful and dangerous executive order. The order is already interfering with plaintiffs' essential work helping American citizens vote. Together with our courageous clients, we’re seeking a preliminary injunction to stop further chaos in our elections, uphold the rule of law, and protect the millions of citizens who rely on mail-in voting, including people with disabilities, students, rural voters, and the elderly. We won't let the Trump administration continue to trample on the fundamental right to vote.” Marcia Johnson, chief of activation and justice, League of Women Voters: Mail voting helps millions of Americans participate in our democracy, including seniors, voters with disabilities, military families, students, caregivers, and working people. No president has the authority to unilaterally rewrite election rules or dictate how states administer their elections. The League will continue to fight for and defend every voter's freedom to make their voice heard." Celia Canavan, executive director, League of Women Voters of Massachusetts: “Massachusetts voters fought hard to secure accessible vote-by-mail options, and we are not going to stand by while those freedoms are threatened. Today's hearing made clear what is at stake. This executive order has caused significant confusion and interfered with LWVMA's critical work, and it threatens to create new obstacles to eligible voters. The League of Women Voters of Massachusetts is proud to stand alongside our partners to defend the constitutional rights and voter protections that make our democracy great.” The Association of Americans Resident Overseas: “For many Americans living abroad, voting by mail isn’t a preference, it’s the only option. President Trump’s unlawful executive order creates unnecessary complications and threatens to shut many overseas voters out of our democracy altogether. These voters are Americans and deserve to have a say. Their votes must not be thrown into doubt by reckless new rules.” U.S. Vote Foundation: “Overseas citizens, including service members and their families, are some of the most civically committed Americans. They serve our country, build networks of U.S. citizens abroad, and stay connected to their families and communities back home. The president's mail-in ballot executive order puts their fundamental right to vote at risk. Overseas and military voters add informed and relevant perspectives to our country. Their votes deserve to be protected!" OCA – Asian Pacific American Advocates: “The Asian American community is made up overwhelmingly of multilingual immigrants and New Americans. Many of us have navigated the immigration and naturalization process and know that there are a variety of situations that make our community prone to being misidentified as noncitizens. With 3 in 4 Asian Americans speaking a language other than English at home, and when a third of us have limited English proficiency, voting by mail increases access to trusted translators and is a crucial part of being able to fully participate in our democracy. We must push back against efforts that create barriers to voting, and we stand in solidarity with all the other communities represented here today.” Cheryl W. Turner, international president of Delta Sigma Theta Sorority, Inc.: “Delta Sigma Theta Sorority, Inc. has always understood voting rights as fundamental to democracy and to the full citizenship of the communities we serve and represent. This order threatens to create confusion, delay, and unlawful barriers for eligible voters who rely on mail-in voting, including seniors, voters with disabilities, students, service members, and communities that have too often had their political power challenged or denied. Delta is proud to stand with our co-plaintiffs and legal partners to defend the Constitution, protect voters, and ensure that every eligible ballot can be cast, counted and certified.”