States Sue Trump Over Mail-In Ballot Executive Order

Michigan among two dozen states challenging federal overreach on election administration.

Apr. 6, 2026 at 12:08pm

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The state of Michigan is one of two dozen states that have filed a lawsuit against the federal government over President Trump's executive order creating a federally authorized list of absentee voters and restricting voter eligibility. The lawsuit, filed by Michigan Attorney General Dana Nessel in the U.S. District Court of Massachusetts, argues that the Constitution gives states the authority to administer elections, not the President, and that the executive order is illegal.

Why it matters

This lawsuit represents a growing legal battle between states and the federal government over the administration of elections, with states asserting their constitutional authority against perceived federal overreach. The outcome could have significant implications for voter access and election integrity heading into the 2028 presidential race.

The details

The lawsuit alleges that President Trump's executive order not only usurps state authority over elections, but also threatens states with the loss of federal funding and the criminal prosecution of election officials if they do not comply with the order's requirements. Michigan Attorney General Dana Nessel argues that the President does not have the power to dictate the terms of how states conduct their elections.

  • The lawsuit was filed on April 6, 2026.

The players

Dana Nessel

The Attorney General of the state of Michigan, who filed the lawsuit against the federal government over President Trump's executive order on mail-in ballots.

President Trump

The former President of the United States who issued the executive order that is being challenged in the lawsuit.

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What they’re saying

“The U.S. Constitution gives authority to states to administer elections, not the President, and says the EO is illegal.”

— Dana Nessel, Michigan Attorney General

“Trump also threatened states with the loss of federal funding, and threatens to criminally prosecute election officials if they just do their job and don't comply with his many unlawful demands.”

— Dana Nessel, Michigan Attorney General

What’s next

The lawsuit will now proceed through the federal court system, with the potential for appeals that could ultimately reach the U.S. Supreme Court.

The takeaway

This legal battle over election administration underscores the ongoing tensions between states' rights and federal authority, with significant implications for voter access and election integrity in the years ahead.