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From the Desk of Trevor Potter
Since taking office in January, the Trump administration has engaged in an unprecedented effort to consolidate power within the executive branch, ignoring the rule of law and the Constitution. The latest example is President Trump’s recent executive order purporting to overhaul the U.S. election system.

Signed on March 25, the order aims to severely limit access ([link removed]) to voting by requiring voters to jump through unnecessary and burdensome hoops when registering; permitting election officials to use unreliable data sources to remove eligible voters from the rolls; and withholding federal funding from states that lawfully accept mail-in ballots postmarked by Election Day, but are received later.
It seeks to achieve these goals, in part, by attempting to dictate changes to the Election Assistance Commission (EAC) ([link removed]) — an independent, bipartisan federal agency established by Congress to help states manage the election process. Taken together, the order has the potential to disenfranchise millions of Americans who have every right to cast a ballot.

The Trump administration’s actions follow a pattern that has become all too familiar — the common thread being a blatant disregard for the separation of powers. On the issue of our elections, the Constitution is crystal clear: States control the process of casting and counting ballots, and only Congress has the power to override these rules when it comes to federal elections, not the president. Over many years, this arrangement has produced a tested system of checks and balances that delivers accurate, reliable results.

The executive branch has no authority to do what the executive order calls for. In response, Campaign Legal Center (CLC), along with a robust pro-democracy coalition, [link removed] filed the first-of-its-kind lawsuit to prevent this unlawful, unconstitutional executive overreach, which would have devastating consequences for the freedom to vote in this country.

CLC, along with our co-counsel, State Democracy Defenders Fund (SDDF), are proud to represent the League of United Latin American Citizens (LULAC), Secure Families Initiative (SFI) and Arizona Students’ Association (ASA) in this lawsuit. Trump’s executive order threatens the freedom to vote for members of each group, and we are stepping in to defend our clients’ ability to make their voices heard.

This lawsuit is part of CLC’s longstanding role as a protector of voting rights. In fact, at this very moment, we are also lobbying members of Congress to vote against the SAVE Act ([link removed]) , legislation that has some of the same terrible anti-voter provisions as the president’s executive order.

At a time like this, it is useful to remember that executive orders do not carry the force of law ([link removed]) . This recent executive order on elections is essentially the wish list of a politician whose fixation on election misinformation drives him to sow doubt in our electoral process.

We thank everyone who stands with us in defense of our constitutional system of checks and balances and the fundamental freedom to vote for all Americans — and we welcome everyone who wishes to join us in this fight ([link removed]) .
Sincerely,

Trevor Potter
President, Campaign Legal Center

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