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AG Torrez Moves to Block Trump Mail Voting Executive Order

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Summary

Attorney General Raúl Torrez joined a coalition of 23 attorneys general and Pennsylvania Governor Josh Shapiro in filing a motion for summary judgment challenging Executive Order No. 14399, which restricts mail voting by requiring federal pre-authorization lists. The coalition argues the order unconstitutionally invades states' authority over election administration. The court has ordered the Trump Administration to respond by May 7, 2026, with a hearing scheduled for June 2, 2026.

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GovPing monitors New Mexico AG Charities for new courts & legal regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 2 changes logged to date.

What changed

Attorney General Raúl Torrez and a coalition of 24 attorneys general/state officials filed a motion for summary judgment seeking permanent injunctive relief against Executive Order No. 14399, which purports to require federal pre-authorization lists for mail voters and prohibit USPS from transmitting ballots to voters not on such lists.

States subject to the order face potential sovereign authority violations, fiscal injury from mandated new procedures, legal jeopardy for elections officials who issue ballots to individuals deemed ineligible under federal standards, and reputational harm to public trust in elections. Federal courts are now weighing whether the executive branch can unilaterally alter voter eligibility and mail voting procedures without Congressional authorization.

Hearing

Date
2026-06-02

Archived snapshot

Apr 25, 2026

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Attorney General Raúl Torrez Moves to Permanently Block President Trump’s Executive Order Restricting Mail Voting, Exerting Control over Elections

  • April 24, 2026

Albuquerque, NM – Attorney General Raúl Torrez joined a coalition of 23 attorneys general today, along with the Governor of Pennsylvania, in filing a motion for summary judgement in their ongoing challenge to President Trump’s executive order that unlawfully attempts to interfere with States’ constitutional authority to administer elections by restricting voter eligibility and mail voting to lists of voters pre-authorized by the federal government. Today’s motion asks the Court to permanently block enforcement of the key provisions of the executive order, on the grounds that the law is clear, and the case can be decided without a trial.

“This executive order is a direct overreach into the constitutional authority of states to run their own elections,” said Attorney General Raúl Torrez. “Our democracy depends on fair access to the ballot, and that includes lawful, accessible mail voting options. We are asking the Court to put a permanent stop to this unlawful interference and reaffirm that election administration belongs to the states—not the federal government.”

Earlier this month, Attorney General Torrez joined the coalition in bringing a lawsuit against the current administration, arguing that Executive Order No. 14399, entitled Ensuring Citizenship Verification and Integrity in Federal Elections, is unconstitutional and beyond the authority of the President and other federal officials. The states assert that the power to regulate elections belongs primarily to the states and that the president has no constitutional authority to make or alter laws governing federal elections.

The coalition’s motion includes the following arguments:

  • The executive order’s attempt to dictate federal voter eligibility lists for each state, and its attempt to coerce states to deny ballots to voters excluded from those lists, unconstitutionally invades the coalition states’ power over their voter rolls.
  • The executive order’s attempt to charge the states and USPS with compiling mail voter eligibility lists, and its prohibition on USPS transmitting mail ballots from voters not on those lists, are unconstitutional and run headlong into states’ and Congress’s authority to regulate elections and Congress’s power to regulate USPS.
  • The executive order threatens serious injury to the coalition states, including harms to the states’ sovereign powers to administer their elections, fiscal injuries from states being forced to administer elections under the federal government’s new procedures, legal jeopardy to states and their elections officials from the executive order’s directives to investigate and prosecute those who issue ballots to individuals purportedly ineligible to vote in a federal election, and harms to states’ reputations and public trust.

The court has ordered the Trump Administration to file its response and related motions by Thursday, May 7, 2026. A hearing on the motions is scheduled for Tuesday, June 2, 2026. A copy of the motion for summary judgment is attached.

Today’s motion was co-led by California Attorney General Rob Bonta, Massachusetts Attorney General Andrea Joy Campbell, Nevada Attorney General Aaron Ford, and Washington Attorney General Nick Brown. They were joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin, as well as Pennsylvania Governor Josh Shapiro.

Motion for Summary Judgment

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Last updated

Classification

Agency
NM DOJ
Instrument
Notice
Branch
Executive
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Government agencies Political organizations Consumers
Industry sector
9211 Government & Public Administration
Activity scope
Voting rights Mail voting administration Executive authority
Geographic scope
United States US

Taxonomy

Primary area
Elections
Operational domain
Legal
Topics
Civil Rights Sanctions

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