Legal battle erupts over federal election order as NJ leaders push back on mail voting limits
TRENTON, N.J. – New Jersey officials escalated a legal fight over federal election authority this week, as Governor Mikie Sherrill vowed to protect the state’s mail-in voting system and Attorney General Jennifer Davenport joined a multi-state lawsuit challenging a new executive order issued by President Donald Trump. The order seeks to impose federal control over voter eligibility and restrict mail-in ballots to a nationally approved list, prompting swift opposition from state leaders.
Sherrill, speaking amid the legal challenge, sharply criticized the order and framed it as a direct threat to voting access in New Jersey, where mail-in ballots have become a central part of the election system. The state has allowed vote-by-mail for decades, with usage rising to between 20% and 30% of ballots cast in recent general elections.
“The Constitution is clear: states run elections, not the federal government. New Jersey has administered safe, secure, and accessible voting for generations,” said Governor Sherrill. “Our vote-by-mail system works. Millions of New Jerseyans — Republicans, Democrats, and unaffiliated voters alike — rely on it. The president himself has cast ballots by mail. This order does nothing to strengthen election integrity and is designed to make it harder for eligible citizens to vote.”
Multi-state lawsuit challenges federal authority over elections
Attorney General Davenport announced Friday that New Jersey joined 23 other attorneys general and one governor in filing suit in U.S. District Court in Massachusetts, arguing the executive order violates the Constitution by attempting to override state control of elections.
“The Constitution makes clear that states administer elections in America – not the federal government,” said Attorney General Davenport. “Changes to election rules cannot be made by the President through a blatantly unlawful executive order that seeks to disenfranchise voters in the name of debunked conspiracy theories about widespread fraud from voting by mail. Americans trust their local and state officials to run free, fair, and secure elections. We are confident the courts will reject this blatant power grab.”
Key Points
- New Jersey joins 23 states in lawsuit challenging Trump executive order on elections
- Order would restrict mail ballots to federally approved voter list
- Governor Sherrill vows to protect vote-by-mail access for residents
The executive order, signed March 31, directs the creation of a national voter eligibility list and instructs the U.S. Postal Service to deliver mail ballots only to those included. It also threatens states with loss of federal funding and potential legal consequences if they fail to comply, according to the lawsuit.
State officials argue the directive would force rapid and sweeping changes to election systems ahead of upcoming primaries and the 2026 general election cycle, creating confusion among voters and election administrators.
Officials warn of disruption to long-standing mail voting system
New Jersey’s vote-by-mail system includes multiple verification measures, such as unique barcodes, voter identification on ballot envelopes, signature certification, and comparison with voter registration records. Officials say the system has been widely used across political parties and demographics.
Sherrill also criticized the broader impact of the order, tying it to wider concerns about federal overreach. “Like everything Donald Trump gets involved in – from jobs to healthcare, to gas prices, a war with no plan, or even running our airports – he creates chaos and makes life harder for New Jerseyans,” she said. “Let’s be clear: any problem with mail in ballots would be caused by Trump himself. I will take every action available to protect New Jerseyans fundamental voting rights.”
The lawsuit asks the court to block enforcement of the executive order, arguing it violates the separation of powers and unlawfully interferes with state-run election systems.
