Democrats Sue to Stop President Trump’s Election Executive Order. What Are They Afraid Of?

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Democrats are taking legal action to block President Donald Trump’s new election executive order. They accused him of issuing orders that overstep his constitutional authority and undermine Americans’ voting rights. Signed last week, the order includes rules that require proof of citizenship for voter registration, restrict mail ballot deadlines, and give federal agencies a role in overseeing state voter rolls.

On Monday, Democratic leaders and national party organizations filed lawsuits in a federal district court in Washington, D.C. that challenged the order on multiple constitutional grounds. Plaintiffs include the Democratic National Committee, the Democratic Congressional and Senatorial Committees, and party leaders Chuck Schumer and Hakeem Jeffries. The suit argued that the order is an unlawful effort by Trump to bypass Congress and individual states in changing how Americans vote.

Proof of Citizenship Requirement Faces Backlash

Central to the election executive order is a mandate that all voters show documentary proof of citizenship to register in federal elections. Acceptable documents include passports, valid IDs, military identification, or any government-issued ID. The order excludes tribal IDs and birth certificates, which are forms commonly used by Native Americans and low-income citizens for identification.

Democrats claim this requirement violates the National Voter Registration Act, which gives Congress and not the executive branch the authority to set the rules for federal registration forms. The lawsuits note that the Election Assistance Commission is the only body authorized to alter those forms.

According to estimates, the new requirement could prevent more than 21 million eligible Americans from registering. Critics argue the change creates unnecessary obstacles even though noncitizen voting is illegal and extremely rare.

Mail Ballot Deadline Sparks Legal Concerns

The order also directs states to count only those mail-in ballots received by Election Day, even if they were postmarked on time. This policy conflicts with laws in at least 17 states that accept ballots as valid as long as they are mailed by Election Day and arrive within a few days. Democratic lawsuits say the president has no authority to override these state laws. The Constitution assigns states the power to regulate election procedures, with Congress allowed to intervene through legislation. Nowhere does it give the president the same power through executive order. Critics pointed out that even Supreme Court Justice Brett Kavanaugh, a Trump appointee, sides with them. Kavanaugh previously recognized that state control over mail ballot timing is a valid policy decision.

Federal Overreach on Voter Roll Oversight

Democrats also challenge the order’s call for federal agencies to help states identify noncitizens on their voter rolls. The Department of Homeland Security and the Elon Musk-led Department of Government Efficiency are tasked with matching voter data against federal databases. Critics say this violates the Privacy Act and would likely result in the wrongful removal of legitimate voters. Federal records are often outdated or incomplete, and mismatches could disproportionately affect minority voters and immigrants.

The lawsuits further argue that the executive order gives these agencies powers they do not legally possess. They warn that the federal government is being used as a political tool to influence state-level decisions.

Impact on Overseas and Military Voters

The order also changes the process for Americans abroad and military personnel to vote absentee. It imposes new ID requirements on the Federal Post Card Application, which is protected under federal law. The lawsuits argue that neither the president nor the Department of Defense has the authority to change that form.

Democratic leaders say this could make it harder for overseas citizens and active-duty service members to participate in elections, directly violating the Uniformed and Overseas Citizens Absentee Voting Act.

Democrats Say Election Executive Order Threatens American Democracy

In a joint statement, Democratic officials said the election executive order represents a serious threat to fair elections and democratic norms. They accuse the Trump administration of using federal power to suppress votes and prepare the ground to contest results they dislike.

The lawsuits are the latest example of Democrats uniting to oppose what they describe as an abuse of executive authority. Whether the court agrees could shape how elections are conducted heading into the 2026 midterms.

However, the White House insists the order protects election integrity. But Democratic leaders maintain it does the opposite by creating confusion, stripping rights from lawful voters, and violating the Constitution.

Do you support President Trump’s election executive order requiring proof of citizenship and other changes to the election system? Tell us what you think!

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