Attorney General Aaron Ford, SoS Francisco Aguilar Announce Multistate Lawsuit Against Trump Administration Over Executive Overreach in Elections

Carson City, NV — Today, Attorney General Aaron Ford and Secretary of State Francisco Aguilar announced a lawsuit fighting back against the Trump administration’s attempt to implement a system of unlawful federal overreach on elections. AG Ford, along with California Attorney General Rob Bonta, is co-leading a coalition of 19 attorneys general in the lawsuit against President Trump, U.S. Attorney General Pam Bondi, the federal Election Assistance Commission and others. A recent executive order from the Trump administration, signed on March 25, 2025, attempts to impose unconstitutional, antidemocratic and un-American restrictions on election administration, a right guaranteed in the first instance to the states in the Constitution.

“The Trump administration tried to illegally seize power from the states and Congress by interfering in elections,” said AG Ford. “Its action infringes on Nevada’s sovereignty and is an unprecedented federal power grab; and I will not stand for it. Our state elections are free, fair and safe, and Secretary Aguilar has done a phenomenal job in ensuring they remain so. That is why I am one of the leads on this lawsuit — to protect our sovereignty and to protect our democracy.”

"The Trump administration’s executive order on elections is an unlawful attempt to grab power from both the states and Congress,” said SoS Aguilar. “The United States Constitution is clear: states have primary responsibility for the administration of elections. This is a key part of America’s system of checks and balances, and one of my most important duties as secretary of state. We have proven time and time again that Nevada runs some of the most secure, transparent and accessible elections in the country. There is no lawful basis for these attempts to force Nevada to change its policy. Even worse, the order is backed by threats to take away funding for election security and integrity; this is clearly not what the founders intended for our democracy. I have a sworn duty as Nevada's chief elections officer to protect and uphold the rights of every eligible voter, and I am proud to fight back against this unlawful federal overreach alongside Attorney General Ford and other secretaries of state."

The president has no constitutional power to rewrite state election laws by decree, nor does the president have the authority to modify the rules Congress has created for elections. The coalition’s lawsuit, filed in the U.S. District Court for the District of Massachusetts, explains that the power to regulate elections is reserved to the states and Congress, and that therefore, the elections executive order is ultra vires, beyond the scope of presidential power, and violative of the separation of powers. The attorneys general ask the court to block the challenged provisions of the elections executive order and declare them unconstitutional and void.

In their lawsuit, the attorneys general assert that provisions of the Elections Executive Order will cause imminent and irreparable harm to the States. The challenged provisions include:

• Mandating Proof of Citizenship: Forces the Election Assistance Commission to require documentary proof of citizenship for federal voter registration, despite Congress never imposing such a requirement. 
• State Agency Control: Orders state-designated federal voter registration agencies to verify citizenship before providing registration forms, unlawfully demanding the use of state resources. 
• Restricting Mail-In Ballots: Requires states to reject absentee and mail-in ballots received after Election Day, overriding state laws that allow counting of ballots cast by Election Day. 
• Targeting Military & Overseas Voters: Demands proof of citizenship and eligibility for military and overseas voters, despite federal law not requiring them to provide such proof. 
• Threatening Federal Funding: Seeks to withhold federal funds from states for noncompliance, violating constitutional principles of state sovereignty and separation of powers.

AG Ford and California Attorney General Rob Bonta are leading this litigation, and are joined by attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Rhode Island, Vermont and Wisconsin.

 

 

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