Michigan AG vows legal fight over Trump election executive order

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(The Center Square) – Michigan Attorney General Dana Nessel is criticizing a new executive order from President Donald Trump aimed at expanding federal involvement in election oversight, calling the move “blatantly unlawful.”

In a statement, Nessel said the order represents the latest attempt by the Trump administration to shift control of elections away from the states.

“President Trump, in his unrelenting quest to federalize elections, has issued yet another unlawful executive order attempting to usurp the states’ authority and responsibility to run free and fair elections,” Nessel said. “This power is not the President’s to give.”

The executive order, signed Tuesday, directs federal agencies to play a larger role in election administration. According to the White House, the order requires states to crosscheck voter data with federal records and creates a new verification system for mail-in ballots.

The “Ensuring Citizenship Verification and Integrity in Federal Elections” order is meant to prevent non-citizens from voting, which it states is the “constitutional obligation” of the federal government.

“The right to vote in Federal elections is reserved exclusively for citizens of the United States under the Constitution and Federal law,” the order said. “To enhance election integrity via the United States Mail, additional measures are necessary.”

Under the order, the federal government would provide voter eligibility data to state officials and work with the U.S. Postal Service to verify mail-in ballots. Each ballot would be tied to a barcode corresponding to an eligible voter.

The move comes after the administration’s election integrity proposal, the SAVE America Act, failed to pass the U.S. Senate.

Nessel argued the Constitution clearly leaves election administration to the states and Congress, not the president.

“The Constitution is clear: The President cannot direct or control our state voting laws, and no scribble of his sharpie can give him the authority that he so desperately seeks,” she said.

The order arrives as tensions over election oversight continue to escalate in Michigan as the 2026 elections near.

In February, Michigan Gov. Gretchen Whitmer pushed back on Trump’s ongoing push to federalize elections, calling the idea unconstitutional.

“Let me be very clear: elections will continue to be run at the state level in Michigan,” Whitmer said at the time. “Any attempt by the federal government to take over Michigan elections should be seen for what it is—an attempt to take away your constitutional right to vote.”

Michigan Republicans, however, have supported increased federal oversight. State Senate Republican Leader Aric Nesbitt, R-Porter Township, previously said additional scrutiny is needed, accusing Michigan Secretary of State Jocelyn Benson of failing to ensure transparency and election security.

The Michigan debate has extended to Washington, where Michigan Republicans also called out Benson, sending her a letter urging her to address what they called ongoing “election integrity concerns.”

“A U.S. citizen’s right to vote in elections is a cornerstone of our Republic and one which all elected officials should vigorously defend,” the letter stated. “It is crucial that the public’s confidence in the security of Michigan elections remains strong and any case of a non-citizen voting in an election or being registered to vote erodes the public’s confidence and subverts their will.”

State officials, including Benson, have disputed those claims and defended Michigan’s election system as secure.

Trump has made election integrity a central issue of his second term and has issued multiple executive actions related to voting, which have faced many legal challenges. Nessel signaled Michigan is prepared to challenge this new order in court as well.

“I remain undeterred in my resolve to protect the people of Michigan from this administration’s unlawful and pernicious actions,” she said. “We have defeated these unlawful election orders in the courts before, and I will not hesitate to do so again.”