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Arizona Joins 23-State Coalition Suing Trump Over Executive Order on Mail Voting

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State Officials Challenge Federal Control Over Elections

By Arizona State News

PHOENIX — Arizona Attorney General Kris Mayes and Secretary of State Adrian Fontes have joined a coalition of 23 other states in filing a federal lawsuit challenging President Donald Trump's executive order that seeks to establish a national voter database and restrict mail-in voting to a federally approved list of voters.

The lawsuit, filed Friday in the U.S. District Court for the District of Massachusetts, argues the order unlawfully attempts to impose federal control over state-run election systems.

The Executive Order

On March 31, President Trump signed an executive order attempting to establish a federal list of eligible voters and directing the U.S. Postal Service to transmit mail ballots only to those on that list.

The order threatens states and elections officials with criminal prosecution and the loss of federal funding if they do not comply with its demands.

Why Arizona Matters

The impact on Arizona is particularly significant. Attorney General Mayes noted that more than 80 percent of Arizona voters cast their ballots by mail, including military families, rural Arizonans, and tribal members.

"Millions of Independents, Republicans, and Democrats across Arizona have voted by mail for decades," Mayes said in a statement. "In fact, over 80 percent of Arizona voters cast their ballots this way election after election. Military families vote by mail. Rural Arizonans vote by mail. Tribal members vote by mail. Donald Trump's executive order targets all of these voters."

Secretary of State Fontes emphasized Arizona's long-standing election system.

"Arizona's elections are run by Arizonans — our neighbors, our friends, and our family," Fontes said. "This latest attack on vote-by-mail and voter privacy is a direct attack not just on our voters but on our election administrators who work day-in and day-out to keep democracy running."

Constitutional Challenge

The coalition attorneys general argue the U.S. Constitution gives states primary authority to administer elections under Article I, Section 4. They contend the President does not have unilateral power to impose changes to federal election procedures without an act of Congress.

Moreover, the attorneys general argue the order would require states to upend their existing election administration procedures for upcoming elections and conduct statewide voter education at a dangerously quick pace — potentially within weeks of primary elections and mere months before the beginning of mail voting for the 2026 general election.

The States Behind the Lawsuit

Led by Massachusetts Attorney General Andrea Joy Campbell, California Attorney General Rob Bonta, Nevada Attorney General Aaron Ford, and Washington Attorney General Nick Brown, the coalition includes Arizona and 23 other states: Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and Pennsylvania.

Four civil and voting rights groups — Common Cause, Black Voters Matter, the Lawyers' Committee for Civil Rights Under the Law, and the National Association for the Advancement of Colored People — have also joined the legal action.

Cliff Albright, co-founder of Black Voters Matter, said the lawsuit joins the fight to protect democratic participation.

"This executive order targeting mail-in ballots is unlawful and usurps congressional authority in order to stop the midterm elections," Albright said. "We're joining this lawsuit to stop this administration from silencing the voices of millions of Americans."

Implementation Concerns

Experts question the feasibility of implementing the order before the 2026 midterm elections. Charles Stewart III, director of the Massachusetts Institute of Technology's Election Data and Science Lab, described the order as a "logistical nightmare."

"What's important to note is the federal system doesn't have reliable and unique information about people on voter rolls," Stewart said. "Viewing it as a multiyear project," he added, "the Trump administration's order did not highlight any funding streams, intergovernmental agreements, vendor capacity, testing cycles, and a hierarchy for resolving conflicts between federal data, state voter files, and local election deadlines in the fine print."

Arizona's Election History

Arizona's mail-in voting system has deep historical roots. No-excuse vote-by-mail was passed in Arizona in 1991 by a Republican legislature and signed into law by a Republican governor. Arizona then expanded early voting options in 2007, ensuring all eligible voters could automatically and permanently receive their ballot by mail.

Attorney General Mayes described Arizona's system as having operated "as the gold standard" for serving the vast majority of voters each election season.

What This Means

The coalition asks the court to prevent the federal government from implementing or enforcing the executive order. The Supreme Court has not yet decided whether it will take up related Arizona cases on election law.

If the court sides with Arizona and the states supporting the law, the ruling could shape what states can require for voter registration and mail voting nationwide.

For now, election rules for Arizona voters remain the same, but the court fight could significantly impact the next election cycle.


Sources

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