April 1 (UPI) — A coalition of voting advocacy organizations is suing President Donald Trump, challenging his recent executive order to overhaul federal elections.
The lawsuit, filed Monday by the Campaign Legal Center and State Democracy Defenders Fund, argue that Trump’s March 26 executive order constitutes governmental overreach, usurping Congress’ powers to set national voting standards and overriding state laws governing federal elections.
“The Constitution does not give the president any role in setting election rules,” the CLC said in a statement announcing the lawsuit. “The demands in Trump’s executive order are illegal and unconstitutional.”
Trump signed the executive order on Wednesday, requiring the independent Election Assistance Commission to overhaul its mail voter registration forms to include, for the first time, a citizenship question and to demand documentary, government-issued proof of citizenship — specifically either a U.S. passport or another government-issued ID that shows citizenship.
It also directs federal agencies, such as the Department of Homeland Security, to provide states with access to their databases to verify the eligibility and citizenship of voters.
States that do not comply will have federal election-related funds threatened. The Justice Department is also instructed to prosecute non-citizen voting and related crimes.
The executive order was widely expected to be challenged in the courts, with the lawsuit announced Monday being the first filed against it.
It was filed on behalf of the League of United Latin American Citizens, the Secure Families Initiative and the Arizona Students’ Association, each of which states that its members’ freedom to vote is threatened by Trump’s executive order.
According to the lawsuit, Trump, through his executive order, is attempting to exercise powers that the Constitution withholds from the presidency and grants to states and Congress.
“The order is an attack on the constitutionally mandated checks and balances that keep American elections free and fair,” the lawsuit states.
“Through this unconstitutional action, the president intrudes on the states’ and Congress’ authority to set election rules in an attempt to make it far more difficult for eligible U.S. citizens to exercise their fundamental right to vote.”
The lawsuit picks apart the executive order one section at time, stating its definition of documentary proof of citizenship for the national mail voter registration form does not include U.S. birth certificates nor Tribal government documents.
According to government statistics, fewer than half of Americans have a passport and most U.S. identification does not indicate citizenship, including military identification cards.
It also states that the president does not have the authority to threaten to withhold federal funding appropriated by Congress to states for election administration purposes.
“By design, the U.S. Constitution does not grant the president authority to regulate, superintend or otherwise meddle in voter registration or the administration of elections,” it states.
Trump has long questioned the security of U.S. elections despite there being no evidence to suggest widespread fraud or significant numbers of illegally cast votes.
His denial of losing the 2020 election resulted in the violent Jan. 6, 2021, insurrection at the Capitol.