New York joins lawsuit over Trump's executive order on elections

ALBANY, N.Y. (NEXSTAR) — New York joined 18 other states in a lawsuit against President Donald Trump’s March 25 executive order forcing the states to change their election procedures. State officials, including New York Attorney General Letitia James, say the order breaks the law and hurts New Yorkers.

“Donald Trump’s attempt to control our elections, intimidate voters, and limit Americans’ right to vote is unconstitutional, undemocratic, and frankly, un-American,” said James in a statement on Thursday. “We are a democracy—not a monarchy—and this Executive Order is an authoritarian power grab.

The order, “Preserving and Protecting the Integrity of American Elections,” aims to enforce specific laws about Election Day and stop counting votes received later. The suit—available to read at the bottom of this story—challenges the order’s demand that the federal mail voter registration form require documentary proof of citizenship.

According to James and the other attorneys general, the order ignores the federal National Voter Registration Act and the Help America Vote Act. The suit claims that only state governments and Congress govern elections and asks the federal court in Massachusetts to declare the order void, permanently block it, stop its enforcement, and award the states their legal fees. It said the order forces the independent Election Assistance Commission to add a proof-of-citizenship requirement to the federal voter registration form, exceeding presidential authority.

The order would also make state and local officials verify that proof, allegedly conflicting with federal law. Plus, it directs the Defense Department to change the overseas voter registration form to require proof, too, again usurping authority unconstitutionally. That's according to the lawsuit, which further alleges that tying federal funds to state compliance undermines the states' constitutional control over their own elections. The order would also require attorneys general to enforce rules to stop counting ballots received after Election Day, contrary to the states' laws.

Under current New York law, officials count ballots postmarked by Election Day even if they arrive later. And in New York, voters don't have to show identification at the ballot box. But the state does verify voter IDs when people register to vote in the first place.

In the lawsuit and elsewhere, New York officials argued the order would upend their system, requiring extra work, costing millions, and disenfranchizing voters. “The executive order signed by President Trump is a blatant attempt at voter suppression that could disenfranchise millions of eligible voters," said Assemblymember Latrice Walker, chair of the Assembly’s Election Law Committee, on March 27. "The order would create unnecessary barriers to the free exercise of the very cornerstone of our democracy—the right to vote.”

But, "I am thrilled to align with President Trump on the critical importance of safeguarding our electoral process," said State Senator Mark Walczyk, the ranking Republican on the Senate Committee on Elections. "The SAVE Act that I sponsor fits seamlessly with the President's vision for a transparent and accountable election system. We must ensure that the right of American citizens to vote is protected and that their votes are not diluted by illegal practices."

Check out the lawsuit below: