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 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.
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