Bipartisan coalition of 118 election officials urges U.S. Supreme Court to block executive order to change voting procedures

WASHINGTON D.C. — 118 state and local election officials, 19 local governments, two clerks’ associations and the Center for Election Innovation & Research urged the U.S. Supreme Court today to block President Trump’s executive order on voter citizenship verification and mail voting from taking effect. The coalition — represented by Public Rights Project and the Washington Litigation Group — filed an amicus brief warning that the executive order would throw election administration into chaos as preparation is already underway.

The brief, filed in California v. Trump, urges the court to reject the government’s request to pause a lower court’s block on the order while the appeal moves forward. The coalition highlights the immediate harm election officials will face if the order is implemented, ultimately impacting voters.

“Courts have long warned against changing the rules so close to an election because ultimately it threatens every voter’s right to a free and fair election,” said Jill Habig, founder and CEO of Public Rights Project. “With just three months until the midterms, we can’t afford for these unprecedented legal threats to drive away the staff and volunteers who help ensure our elections are run safely and securely.”

The brief emphasizes the stakes for election administration:

• Midterm election preparation will be disrupted: Election officials may be forced to pull staff off existing work and spend unbudgeted money to comply with the order.
• Election officials face an untenable position: Election officials are being threatened with criminal prosecution if they don’t implement the unlawful and confusing order.
• Federal databases are not designed for voter registration: The state-specific citizenship lists mandated in the executive order will inevitably contain errors and place substantial administrative burdens on election officials.

David Becker, executive director of the Center for Election Innovation & Research, said, “Today, three months before a major midterm election where we might see record turnout, a bipartisan group of 118 election and government officials from 29 states, 19 local governments, and election experts have filed a brief with the U.S. Supreme Court to oppose unconstitutional efforts by the administration to radically change how elections are administered by the states. These officials are the people who actually run elections and who facilitate all our votes. They understand that this unprecedented power grab by the White House would result in chaos and confusion for voters, while doing nothing to improve integrity in our already-secure election system. The founders wisely gave power to the states – not the President – to manage elections, as the courts continue to consistently affirm.”

The coalition argues the executive order is unconstitutional, violates federal laws and improperly 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. It’s also unclear whether the U.S. Postal Service will deliver all mail ballots, particularly since the details of the list are vague. Both parts of the executive order threaten to disenfranchise eligible voters. 

“With the midterm elections now just months away, election officials should be able to focus on preparing for those elections, not fending off unlawful interference by the Trump administration,” said Samantha Bateman, Principal at the Washington Law Group. “This executive order is already harming election officials and election preparations right now.  The courts should continue to halt it, and to protect every eligible citizen’s opportunity to vote this November.”

Read the amicus brief and see the full coalition list here.

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