NATIONAL NEWS

Federal vs. state power at issue in a hearing over Trump’s election overhaul executive order

Jun 6, 2025, 3:17 AM | Updated: 11:46 am

Kim Wilcox casts his ballot in the Omaha municipal election at Black Elk Elementary School, Tuesday...

Kim Wilcox casts his ballot in the Omaha municipal election at Black Elk Elementary School, Tuesday, May 13, 2025, Omaha, Neb. (Nikos Frazier/Omaha World-Herald via AP)
Credit: ASSOCIATED PRESS

(Nikos Frazier/Omaha World-Herald via AP)

BOSTON (AP) — Democratic state attorneys general on Friday will seek to block President Donald Trump’s proposal for a sweeping overhaul of U.S. elections in a case that tests a constitutional bedrock — the separation of powers.

The top law enforcement officials from 19 states filed a federal lawsuit after the Republican president signed the executive order in March, arguing that its provisions would step on states’ power to set their own election rules and that the executive branch had no such authority.

In a filing supporting that argument, a bipartisan group of former secretaries of state said Trump’s directive would upend the system established by the Constitution’s Elections Clause, which gives states and Congress control over how elections are run. They said the order seeks to “unilaterally coronate the President as the country’s chief election policymaker and administrator.”

If the court does not halt the order, they argued, “the snowball of executive overreach will grow swiftly and exponentially.”

Trump’s election directive was part of a flurry of executive orders he has issued in the opening months of his second term, many of which have drawn swift legal challenges. It follows years of him falsely claiming that his loss to Democrat Joe Biden in the 2020 presidential election was due to widespread fraud and an election year in which he and other Republicans promoted the notion that large numbers of noncitizens threatened the integrity of U.S. elections. In fact, voting by noncitizens is rare and, when caught, can lead to felony charges and deportation.

Trump’s executive order would require voters to show proof of U.S. citizenship when registering to vote in federal elections, prohibit mail or absentee ballots from being counted if they are received after Election Day, set new rules for voting equipment and prohibit non-U.S. citizens from being able to donate in certain elections. It also would condition federal election grant funding on states adhering to the strict ballot deadline.

The hearing Friday in U.S. District Court in Boston comes in one of three lawsuits filed against the executive order. One is from Oregon and Washington, where elections are conducted almost entirely by mail and ballots received after Election Day are counted as long as they are postmarked by then.

The provision that would create a proof-of-citizenship requirement for federal elections already has been halted in a lawsuit filed by voting and civil rights groups and national Democratic organizations.

In that case, filed in federal court in the District of Columbia, the judge said the president’s attempt to use a federal agency to enact a proof-of-citizenship requirement for voting usurped the power of states and Congress, which at the time was considering legislation that would do just that. That bill, called the SAVE Act, passed the U.S. House but faces an uncertain future in the Senate.

Trump’s executive order said its intent was to ensure “free, fair and honest elections unmarred by fraud, errors, or suspicion.” The Justice Department, in arguing against the motion by the attorneys general for a preliminary injunction, said the president is within his rights to direct agencies to carry out federal voting laws.

The order tasks the U.S. Election Assistance Commission with updating the federal voter registration form to require people to submit documentation proving they are U.S. citizens. Similar provisions enacted previously in a handful of states have raised concerns about disenfranchising otherwise eligible voters who can’t readily access those documents. That includes married women, who would need both a birth certificate and a marriage license if they had changed their last name.

A state proof-of-citizenship law enacted in Kansas more than a decade ago blocked the registrations of 31,000 people later found to be eligible to vote.

The two sides will argue over whether the president has the authority to direct the election commission, which was created by Congress as an independent agency after the Florida ballot debacle during the 2000 presidential election.

In its filing, the Justice Department said Trump’s executive order falls within his authority to direct officials “to carry out their statutory duties,” adding that “the only potential voters it disenfranchises are noncitizens who are ineligible to vote anyway.”

National News

The Supreme Court is seen at day's end in Washington, Thursday, Oct. 1, 2026, as the justices prepa...

Associated Press

Supreme Court will review asylum case of Nigerian man who cooked meals for terrorist leaders

WASHINGTON (AP) — The Supreme Court agreed on Tuesday to consider if a Nigerian man is ineligible for asylum because he cooked meals at a camp for leaders of a group that the U.S. government considers to be a terrorist organization. The high court, granting a request by President Donald Trump’s administration, will hear arguments […]

19 minutes ago

Associated Press

Editorial Roundup: United States

Excerpts from recent editorials in the United States and abroad: ___ Oct. 8 The Washington Post says Democrats should accept compromise on energy bill Senate negotiators last week unveiled a compromise bill that, if passed, would constitute the most important reform to the American energy sector in generations. Unfortunately, the same forces that defeated previous […]

54 minutes ago

FILE - Former President Barack Obama speaks during a campaign rally, Oct. 24, 2024, in Clarkston, G...

Associated Press

Barack Obama to campaign with Ohio Democrats as he expands his outreach ahead of Election Day

COLUMBUS, Ohio (AP) — Former President Barack Obama is heading to Ohio to shore up support for Democratic candidates in the Senate and governor’s races, both of which have been highly competitive and brought a flood of campaign cash into the state. Obama is set to campaign in Cleveland on Oct. 24 with three-term former […]

58 minutes ago

White House press secretary Katie Zacharia walks out to speak with reporters in the James Brady Pre...

Associated Press

Katie Zacharia, Trump’s new White House press secretary, makes a brief appearance before reporters

WASHINGTON (AP) — Katie Zacharia, the new White House press secretary, faced reporters for the first time on Tuesday for a very brief turn at the lectern, taking a handful of questions before abruptly wrapping it up. Zacharia, a conservative commentator who most recently worked for President Donald Trump’s social media company, was named to […]

2 hours ago

FILE - Kimberly Guilfoyle speaks as President Donald Trump listens at a reception celebrating Greek...

Associated Press

Trump asks Greece Ambassador Guilfoyle to resign after allegations of improper conduct: White House

WASHINGTON (AP) — Trump appointee Kimberly Guilfoyle, the U.S. ambassador to Greece, has been asked to resign from her post after coming under severe criticism over allegations she has engaged in improper and possibly illegal conduct before and during her tenure in Athens, new Trump press secretary Katie Zacharia said Tuesday. Guilfoyle’s requested departure comes […]

3 hours ago

FILE - The Supreme Court is pictured Monday, Oct. 5, 2026, in Washington. (AP Photo/Mariam Zuhaib, ...

Associated Press

Supreme Court sides with Trump administration in lawsuit seeking records on Elon Musk’s DOGE

WASHINGTON (AP) — The Supreme Court, siding with the Trump administration, agreed on Tuesday to hear arguments in a watchdog’s lawsuit seeking public records about billionaire Elon Musk’s Department of Government Efficiency. The high court is intervening for a second time in Citizens for Responsibility and Ethics in Washington’s case, which seeks access to DOGE […]

3 hours ago

Federal vs. state power at issue in a hearing over Trump’s election overhaul executive order