The Big Lie and the Ballot Box
Plus: The Justice Department sues more states for their voter rolls. 🗳️
In his second term, President Trump has tried to claim more authority over elections than any president before him. His administration has sued nearly 30 states to seize sensitive voter information; it has investigated local election offices based on discredited lies about the 2020 election; and it has sent thousands of masked and heavily armed federal agents into America’s streets, sparking fears over federal interference during this year’s midterm elections.
The administration’s attempts to coerce and intimidate states must not be seen in isolation. From attempting to deploy National Guard troops over governors’ objections to trying to cut billions in federal funds for states without congressional approval, the president’s actions have far exceeded the powers granted to him by federal law and the Constitution—and have crumbled trusted partnerships between states and the federal government in the process.
But pro-democracy states have not cowered. With the support of organizations like States United, state leaders all over the country are pushing back strategically and effectively on this unparalleled attack on constitutional principles. They are meeting the moment by standing up, speaking out, and taking the Trump administration to court and winning. Governors, attorneys general, and secretaries of state are leading the fight for democracy.
This Week in Democracy
- In his State of the Union address, President Trump reiterated lies about widespread voter fraud. His remarks continued to raise concerns about federal interference in this year’s midterm elections, following his suggestion that his party should “take over” and “nationalize” elections.
New reporting indicates that activists and conspiracy theorists have continued to be in contact with the White House, advocating for the president to declare a national emergency in order to ban mail ballots, seize voting machines, and more.
➡️ READ MORE: President Trump’s Unconstitutional Attacks on Free and Fair Elections
- The U.S. Department of Justice sued five more states in its continuing effort to force election officials to turn over private voter data. The department has sued 29 states and the District of Columbia for similar information. So far, federal judges have dismissed lawsuits against California, Michigan, and Oregon. The department is appealing each dismissal.
Some of the states sued this week already provided the department with publicly available information. But the Justice Department wants more, including voters’ Social Security and driver’s license numbers. “If we could legally comply, we would promptly do so,” Paul Ziriax, the secretary of the Oklahoma State Election Board, wrote to the Justice Department earlier this month.
“Neither state nor federal law entitles the Department of Justice to collect private information on law-abiding American citizens,” Utah Lt. Gov. Deidre Henderson wrote after her state was sued this week. “Utahns can be assured that my office will always follow the Constitution and the law, protect voters’ rights, and administer free and fair elections.”
➡️ READ: Sharing the Facts About Federal Efforts to Compile State Voter Data
- Heather Honey, a Trump administration official and an Election Denier, told secretaries of state from across the country that U.S. Immigration and Customs Enforcement agents will not be at voting sites during this year’s midterm elections.
Some of the secretaries expressed doubts about Honey’s promises. “I did not walk away from this meeting reassured that the federal government wouldn’t try to interfere in state sovereignty over the election,” said Maine Secretary of State Shenna Bellows.
- Defense Secretary Pete Hegseth appealed a judge’s ruling from earlier this month that blocked him from taking disciplinary action against U.S. Sen. Mark Kelly. Hegseth sought to punish Kelly, a retired U.S. Navy captain, for reminding members of the military and intelligence community that they have an obligation to refuse illegal orders. Kelly and other veterans serving in Congress made the statements in a video published late last year.
The judge’s ruling earlier this month quoted a brief filed by States United and Protect Democracy in which former military leaders and Vet Voice Foundation argued that Hegseth’s actions, if allowed to stand, “would chill public participation by veterans around the country.”
➡️ MORE: About our brief
- Following the U.S. Supreme Court’s ruling last week that struck down many of Trump’s tariffs, the president announced new, similar policies. The new tariffs cite different federal laws that the administration argues give Trump the power to impose them. Some experts say the new tariffs could also face legal challenges.
➡️ READ: Sharing the Facts About the Limits of Presidential Power on Tariffs
State of the States
In the District of Columbia, officials from 23 states, D.C., and San Francisco filed a brief urging the U.S. Supreme Court to strike down Trump’s executive order that seeks to deny citizenship to certain children born on American soil.
The group argues that the order violates federal law and the U.S. Constitution’s 14th Amendment, which says that “All persons born or naturalized in the United States … are citizens of the United States.”
“No single person can redefine American citizenship, not even the president,” said Washington state Attorney General Nick Brown, who co-led the brief.
➡️ READ: Sharing the Facts About Birthright Citizenship
In Minnesota, Vice President JD Vance announced that the Trump administration would withhold more than $250 million in funding for the state’s Medicaid program, citing unproven allegations of widespread fraud.
The announcement was immediately met with pushback from Minnesota state officials. “Courts have repeatedly found that their pattern of cutting first and asking questions later is illegal, and if the federal government is unlawfully withholding money meant for the 1.2 million low-income Minnesotans on Medicaid, we will see them in court,” Attorney General Keith Ellison said in a statement.
➡️ READ: Sharing the Facts About Unlawful Attempts to Freeze Federal Funds
In New Jersey, the Trump administration sued the state over an executive order signed by Gov. Mikie Sherrill that bars federal immigration agents from conducting operations on state property.
“It is essential that federal agents who conduct immigration enforcement operations in New Jersey follow the Constitution, as well as federal and state laws,” said Attorney General Jennifer Davenport when Sherrill signed the order. “When federal immigration officers violate the law and sow fear in our communities, they undermine public trust in law enforcement and make it harder for us to keep the public safe.”
In Virginia, the Justice Department fired James Hundley, the top federal prosecutor for the state’s eastern district, hours after he was unanimously appointed by a panel of judges. The situation mirrors one in New York, where the department fired Donald Kinsella, the top prosecutor for the state’s northern district, earlier this month.
Federal judges appointed Hundley and Kinsella to be U.S. attorneys for their respective districts after other judges ruled that their predecessors, appointed by the Trump administration, were unlawfully serving in their roles.
Federal law passed by Congress created a system for federal judges to appoint U.S. attorneys in the event of vacancies. Because Bondi’s appointees were disqualified and the Trump administration did not submit new candidates to be confirmed by the U.S. Senate, judges appointed Hundley and Kinsella to fill the roles—but just hours after their appointments, the White House fired them, leaving the administration’s preferred prosecutors in charge.
Watch This
States United Rule of Law Program Director Sam Trepel is featured in a new video from our partners at The Justice Connection, in which she warns about the dangers of not holding federal agents accountable for abuses of power and the lack of cooperation between state and federal investigators in Minnesota and beyond.