State of California v. Trump (2026)

Public Rights Project filed an amicus brief in a case challenging President Trump’s March 2026 executive order on voter citizenship verification and mail voting procedures. The brief supports the plaintiffs’ requests to block the executive order and issue a summary judgment.

The executive order expands the federal government’s role in election administration. It directs the U.S. Postal Service to create pre-approved lists of voters eligible to receive mail ballots and directs the Secretary of Homeland Security to provide states with lists of individuals it deems to be citizens in each state. It also prioritizes federal criminal prosecution of election officials who provide ballots to individuals the federal government deems ineligible. However, the government’s proposed verification process relies on databases known to have inaccurate citizenship data, possibly disenfranchising eligible voters.

The brief supports the plaintiffs’ argument that the executive order is unconstitutional and violates federal laws. It explains that the executive order would severely disrupt election administration and expose election officials to significant financial and legal risk. Noncompliance could lead to:

• Frivolous federal investigations that create legal obstacles and financial harm for election officials
• Federal election administration funds being withheld from local governments
• Widespread confusion and disruption during the 2026 midterm election cycle, which is already in motion

The executive order ultimately threatens every voter’s right to a free and fair election — forcing local election officials into an impossible position: comply with unlawful federal demands or protect eligible voters from having their rights stripped away.

Read the amicus brief.