The multistate lawsuit joined by Attorney General Torrez and a coalition of 24 states marks the second time a federal court has struck President Trump’s use of Executive Orders to attempt to interject the Administration into the election process, an area that has been traditionally left to state officials under the U.S. Constitution and federal law.
Source: N.M. Department of Justice
Albuquerque, NM – Attorney General Raúl Torrez today secured a victory from the U.S. District Court for the District of Massachusetts, blocking President Trump’s unlawful Executive Order that would have allowed the United States Postal Service to refuse to deliver mail-in ballots. The multistate lawsuit joined by Attorney General Torrez and a coalition of 24 states marks the second time a federal court has struck President Trump’s use of Executive Orders to attempt to interject the Administration into the election process, an area that has been traditionally left to state officials under the U.S. Constitution and federal law.
“Upholding state control of our elections strengthens public confidence in a voting system that is fair, secure, and accessible, while reinforcing the constitutional balance of power between the federal government and the states,” said Attorney General Raúl Torrez. “New Mexico has long been a leader in election integrity and security. We do not need federal interference that undermines state authority, disregards the will of voters, or makes it harder for eligible New Mexicans to cast a lawful ballot.”
On March 31, 2026, President Trump signed an Executive Order purporting to develop lists of eligible voters in each state and directing the U.S. Postal Service, an independent federal agency, to develop its own such list and transmit mail ballots only to those on the list. The Executive Order also threatened states and elections officials with criminal prosecution and the loss of federal funding if they do not comply with his demands. In their lawsuit challenging the unlawful Executive Order, the Attorneys General argued that the Order would require states to act contrary to their own election laws, voter roll procedures, and vote-by-mail systems.
The court’s decision declares the challenged sections of the Executive Order to be unconstitutional and beyond the President’s authority, and enjoins the Defendants from implementing them with respect to the November 3, 2026, election—and any earlier federal election in the Plaintiff States. The coalition will submit a proposed judgment to the court within the next seven days.
Attorney General Torrez was joined in filing this lawsuit, which was co-led by Massachusetts Attorney General Andrea Joy Campbell, California Attorney General Rob Bonta, Nevada Attorney General Aaron Ford, and Washington Attorney General Nick Brown, by the Attorneys General of Arizona, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and the Governor of Pennsylvania.
Yesterday, Attorney General Torrez secured a victory in a separate lawsuit challenging President Trump’s March 25, 2025, Executive Order that attempted to require documentary proof of citizenship requirements for voter registration, force States to ignore mail ballots that are cast by Election Day but received by election officials just days afterward, and withhold various streams of federal funding from the States if they fail to comply. The U.S. District Court for the District of Massachusetts ruled in favor of the coalition, declaring key provisions of the Executive Order unconstitutional and inconsistent with federal law.
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