Top Democrats and allied organizations filed a lawsuit on Wednesday against President Donald Trump and his administration over their attempts to stymie the midterm elections, including by removing voters from state rolls.
Senate Minority Leader Chuck Schumer, D-N.Y., and House Minority Leader Hakeem Jeffries, D-N.Y., were among the plaintiffs who filed the suit against Trump, the Justice Department and the Department of Homeland Security in the U.S. District Court in the District of Columbia. The 44-page complaint takes aim at recent demands from DHS — notably in Nevada and California — that states review lists compiled by federal officials of alleged noncitizen voters.
As the complaint notes, state officials have disputed the accuracy of those lists.
The lawsuit points to Trump’s Truth Social threat earlier this week threatening that election officials in LA County “will all go to jail for a long period of time!!!” if they count the votes of alleged noncitizens. It cites another from U.S. Attorney for the Southern District of Texas Aaron Reitz, who said in a social media post on Monday that he would “hunt” and “prosecute” anyone who violates federal election law.
“DOJ’s recent actions confirm that Defendants have settled on a course of intimidating state election officials with threats of criminal prosecution for doing nothing more than adhering to state law and distributing ballots to registered voters,” states the complaint, filed 13 days before the midterms.
The filing alleges the administration’s efforts to wrest control of elections from the states, combined with federal officials’ threats toward local and state officials, violate the Voting Rights Act and constitutional principles that prevent the federal government from forcing states to enact, administer or enforce federal laws.
In addition to Schumer and Jeffries, the plaintiffs include the Democrats’ House and Senate campaign arms, the Democratic Governors Association, the Nevada Democratic Party and Erick Jose Jimenez, a registered California voter who the lawsuit says became a naturalized citizen 20 years ago but fears he could be falsely labeled as a noncitizen and “unlawfully targeted” as a result.
The defendants also include Attorney General Todd Blanche, who has said he would “absolutely” consider taking the issue to the Supreme Court; and DHS Secretary Markwayne Mullin, who has said his department will penalize states that do not cooperate with the federal government’s demands. The plaintiffs are asking the court to find the defendants in violation of the Constitution and the Voting Rights Act and to block them from continuing those actions.
“None of this is lawful,” the complaint states. “The Executive Branch enjoys no authority to superintend state voter list maintenance, to supplant state determinations of who is qualified to vote, or to dictate who gets a ballot or whose ballot gets segregated — Congress has kept that responsibility with the States, subject only to a narrow civil enforcement power the administration has declined to invoke during its recent efforts.”
The lawsuit represents the latest challenge to the administration’s efforts to compel states to hand over their voter rolls, which federal courts have also unanimously struck down. Democrats and elections experts have said these efforts could undermine trust in the upcoming elections. But federal officials have persisted, including by filing a lawsuit against California election officials last week.
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Julianne McShane is a breaking news reporter for MS NOW who also covers the politics of abortion and reproductive rights. You can send her tips from a non-work device on Signal at jmcshane.19 or follow her on X or Bluesky.
