Attorney General Nessel joins lawsuit challenging executive order on mail-in voting

Dana Nessel Attorney General at Michigan
Dana Nessel Attorney General at Michigan
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Michigan Attorney General Dana Nessel announced on April 3 that she has joined a coalition of 24 attorneys general and governors in filing a lawsuit against President Trump’s recent Executive Order, which seeks to change how states administer elections by restricting voter eligibility and creating federally authorized lists of absentee voters. The suit was filed in the U.S. District Court for the District of Massachusetts.

The legal action addresses concerns about federal overreach into state-managed election processes, with Michigan officials saying the order could limit access to mail-in voting for many residents. According to Nessel, “Mail-in ballots are a safe and secure voting option that over 2.2 million Michiganders availed themselves to in the 2024 election, many who presumably used that choice to vote for this very President.” She added, “Yet, while he reserves the right for himself, President Trump is working unilaterally to make it harder to vote from home for single moms, seniors, and the military serving overseas. Michigan voters overwhelmingly voted to expand absentee voting in 2018, and I will protect that choice against an administration that is hellbent on taking it away.”

President Trump’s Executive Order directs the U.S. Postal Service (USPS) only to transmit mail-in ballots to individuals on a new national list of eligible voters maintained by federal authorities rather than states. It also threatens states with loss of federal funding or criminal prosecution if they do not comply with these requirements. The coalition argues these provisions conflict with established state procedures and laws governing voter rolls and mail voting.

Governor Gretchen Whitmer said, “Let me be clear: our elections are safe and secure,” adding that any attempt at federalizing elections or making it harder for Americans to vote would infringe upon constitutional rights. Secretary of State Jocelyn Benson called the Executive Order illegal: “This Executive Order is illegal – it was designed to create confusion and chaos… If left unchecked, it will block millions of eligible American citizens from exercising their fundamental right to vote.” Both officials emphasized their commitment alongside Nessel in protecting Michigan voters’ rights.

In Michigan’s 2024 presidential election more than 2.2 million people voted by mail—including military personnel overseas—and over one quarter of active registered voters have signed up for permanent mail ballot delivery each election cycle. The state’s system includes measures such as signature verification by local clerks and bipartisan oversight during ballot processing.

According to the official website, Dana Nessel serves as Michigan’s 54th attorney general according to the official website. The Department advances social efforts through actions against human trafficking and support for vulnerable populations according to the official website, focuses on public service initiatives according to the official website, operates statewide authority according to the official website, exercises authority throughout Michigan according to the official website, and influenced policy by drafting expungement opportunities through Clean Slate law in 2019 according to the official website.

The broader implications include potential changes affecting how future elections are run both within Michigan and nationally if such executive orders are upheld or struck down in court.



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