Attorney General Kris Mayes and Secretary of State Adrian Fontes Sue Trump Administration Over Election Integrity Executive Order

Attorney General Kris Mayes joined Secretary of State Adrian Fontes in a lawsuit filed with 19 other Democratic-run states against the Trump administration challenging his executive order on election integrity measures for allegedly intruding on state sovereignty. However, Democratic officials supported HR 1, a 2021 bill in Congress that would federalize elections, and President Joe Biden issued an executive order during his tenure directing federal agencies to find ways to facilitate voter registration and voter education. This is the 16th lawsuit Mayes has filed along with other Democrats against the new Trump administration.

Trump’s executive order will require individuals to show documented proof of citizenship (DPOC) in order to register to vote instead of merely attesting to it. Other changes include prohibiting QR codes, requiring ballots to be received by Election Day, and regularly cleaning noncitizens from voter rolls. Trump’s executive order directed the Election Assistance Commission (EAC) to carry out many of his changes.

The main argument in the Democrats’ lawsuit is that Trump cannot direct the EAC on election reform, since Congress created the EAC. However, the lawsuit failed to acknowledge that the EAC fell under the executive branch after it was created. The Department of Homeland Security lists the EAC on a page titled “Federal Executive Branch Agencies Roles and Responsibilities in United States Elections” in section 6. The president nominates its four commissioners, who are then confirmed by the Senate. The commissioners supervise the director.

Mayes (pictured right) said in her press release, “Trump only supports state’s rights when it suits him.” However, previous presidents — both Republicans and Democrats — also issued executive orders directing election reforms.

President Ronald Reagan signed an executive order in 1988 that designated the secretary of defense as the presidential designee for administering the Uniformed and Overseas Citizens Absentee Voting Act.

President Bill Clinton signed an executive order in 1994 that assisted with the implementation of the National Voting Registration Act. President Barack Obama signed an executive order establishing the Presidential Commission of Election Administration (PCEA) — the title specifically stated the president would administer elections. The order was extremely broad, listing 11 types of election activity for the commission to address. Part of it stated that the PCEA would not just work with local and state officials, but also federal officials to carry out its agenda. “The Commission shall hold public meetings and engage with Federal, State, and local officials, technical advisors, and nongovernmental organizations, as necessary to carry out its mission.”

According to the Bipartisan Policy Center (BPC), which was founded by moderate Republicans and Democrats including previous Democratic Senate leaders Tom Daschle and George Mitchell, which touts “how we celebrate diversity and ensure equity and inclusivity at BPC,” “Biden’s EO goes farther than previous presidential EOs,” and is “wider in scope.” The 2021 article said Biden’s EO increased access to voting for certain types of voters including prison inmates, and established a Native American voting rights steering group.

The BPC spoke approvingly of the federal administration of elections, and did not challenge the validity of those previous executive orders, “Federal action on election policy can have a positive impact on the voting experience but it requires focused efforts, the effective use of resources, and consistent coordination with the state and local election officials who are responsible for facilitating this crucial aspect of the democratic process.”

The BPC recommended funding the EAC and making it “the nexus of national election efforts.” BPC posted a long list of all the federal agencies involved in elections and their roles, around 25 total.

Another article by the BPC went over the EAC’s powers and the Cybersecurity and Infrastructure Security Agency’s (CISA) role in elections. Trump signed an executive order on Wednesday directing the DOJ to investigate former CISA Director Chris Krebs for censoring conservative viewpoints regarding election corruption and other issues.

Despite the fact the lawsuit challenged the White House’s actions, instead of filing it in Washington D.C., the Democrats appeared to be judge shopping by filing it in the progressive state of Massachusetts, where they’ve filed a large percentage of the lawsuits this year against the Trump administration.

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Rachel Alexander is a reporter at The Arizona Sun Times and The Star News Network. Follow Rachel on X / Twitter. Email tips to [email protected].
Image “AG Kris Mayes” by Arizona AG Office and “Sec State Adrian Fontes” is by Arizona Sec State’s Office.

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