California Attorney General Rob Bonta, the first person of Filipino descent and the second Asian American to hold the position. | Photo via Wikimedia Commons
LOS ANGELES, Calif. — California Attorney General Rob Bonta on Friday announced a sweeping, multi‑state lawsuit seeking to block President Donald Trump’s new executive order restricting mail‑in voting, calling it an unconstitutional federal overreach that threatens to “throw state election systems into chaos.”
The lawsuit — co‑led by California, Pennsylvania, and 21 other states — challenges Executive Order No. 14399, which directs federal agencies to create a national “state citizenship list” of verified U.S. citizens and limits which voters may receive mail ballots.
Bonta said the order violates the Constitution’s Elections Clause, which gives states — not the president — authority over the “time, place, and manner” of elections. “The president doesn’t have authority over the time, place and manner of elections in the states, and he knows that,” Bonta said.
Executive Order Sparks Constitutional Clash
Trump’s directive orders the U.S. Postal Service to mail ballots only to voters on federally approved lists. It authorizes the U.S. Attorney General to prosecute election officials who send ballots to ineligible voters. It also allows federal funds to be withheld from states that do not comply.
A White House spokesperson defended the order, saying Trump is acting to protect election integrity. “The president will do everything in his power to defend the safety and security of American elections and to ensure that only American citizens are voting in them,” spokeswoman Abigail Jackson said.
Trump himself dismissed the likelihood of legal challenges, saying, “I don’t see how they can challenge it… we want honest voting in our country.”
States Argue Order is ‘Ultra Vires’
In their filing, the coalition of attorneys general argues the executive order is “unconstitutional and ultra vires,” asserting that the president has no authority to rewrite election laws or impose federal voter‑eligibility rules.
The complaint warns that the order would cause “significant, imminent, and irreparable injuries” by forcing states to overhaul election systems months before the midterms. California officials emphasized that mail‑in voting is widely used and trusted across party lines — including by Trump himself.
Bonta said the order is part of a broader pattern of attempts to restrict voting. “Once again, President Trump is trying to rewrite the rules of our elections. But he lacks the authority to do so — full stop,” he said.
California Leaders Condemn Federal Overreach
Gov. Gavin Newsom voiced strong support for the lawsuit, calling the order a direct attack on democratic participation. “Trump is lighting democracy on fire with every harmful and hateful action he pursues,” Newsom said. “No one is above the U.S. Constitution — see you in court, Mr. President.”
California Secretary of State Shirley Weber said the state would “fight tooth and nail” to defend the right to vote. Weber added that the order threatens to undermine public confidence in elections by imposing unnecessary federal controls.
Voting‑rights advocates echoed those concerns. Kim Alexander of the California Voter Foundation called the order an “extremely alarming” attempt to sow distrust ahead of the election.
Broader National Implications
California is one of eight states that allow all voters to cast ballots by mail, a system Bonta described as secure and efficient. Nearly 89% of voters used mail‑in ballots in the state’s 2025 special election.
The lawsuit, filed in federal court in Massachusetts, seeks an injunction blocking enforcement of the order before states begin mailing ballots for the 2026 midterms. With 23 attorneys general joining the challenge, the case is expected to become a major legal test of presidential authority over elections.
