Maryland Attorney General Anthony Brown joined a coalition of 23 attorneys general and a governor in a lawsuit against the Trump administration following President Trump's signing of an executive order that tightens rules over mail-in voting.
According to Scripps News Group, the executive order signed by Trump on March 31 directs the Department of Homeland Security and the Social Security Administration to create a nationwide list of eligible voters.
The U.S. Postal Service must also verify that mail-in ballots are sent to and returned only by people who are eligible to vote, according to the executive order.
"The Federal Government has an unavoidable duty under Article II of the Constitution of the United States to enforce Federal law, which includes preventing violations of Federal criminal law and maintaining public confidence in election outcomes," the order reads. "To enhance election integrity via the United States Mail, additional measures are necessary."
RELATED: Trump signs order to tighten rules around mail-in voting, setting up likely legal challenges
In a statement released Friday, Attorney General Brown called the order "blatantly unlawful," adding that it strips thousands of Marylanders of their right to vote.
"By threatening state election officials with criminal prosecution and enlisting the US Postal Service in this unconstitutional effort, President Trump is staging an unprecedented assault on the cornerstone of our democracy," said Attorney General Brown. "Our Office will not allow the President to weaponize the federal government to disenfranchise those who have a right to have their voice heard in the ballot box."
According to court documents, the attorneys general argue that the U.S. Constitution gives states primary authority to administer elections, adding the Constitution does not allow the President to unilaterally impose changes to federal election procedures.
The attorneys general say Trump's executive order would require states to "upend" their existing election administration procedures for upcoming elections and undermine statewide voter education at a "dangerously quick pace."
The full lawsuit can be read below:
Jared DeMarinis, the Maryland State Administrator of Elections, shared the same sentiment as AG Brown, stating he is "disheartened by the threatening tone and bully tactics" of the executive order directed against him as the state's chief elections official.
"I will not be deterred or intimidated from protecting, ensuring, and advocating for voters' rights. The cavalier and irresponsible statement regarding the threat of arrest and prosecution has the end goal only to create fear in election officials, disenfranchise voters, sow the seeds of distrust in the election administration, and cast unfounded doubt on the election results," said DeMarinis.
"Neither the President nor the Secretary of the DHS has constitutional or statutory authority to take over Maryland's elections and electoral processes. As we have stated before, the United States Constitution is clear: the authority to administer elections predominantly resides with the States. The States administer and conduct elections each according to their laws and regulations, subject to limited Congressional authority," he added.
DeMarinis' full statement can be read below:
“I am disheartened by the threatening tone and bullying tactics of the executive order directed against me, as the State chief election official, for administering Maryland elections in accordance with State and federal laws. I will not be deterred or intimidated from protecting, ensuring, and advocating for voter’s rights. The cavalier and irresponsible statement regarding the threat of arrest and prosecution has the end goal only to create fear in election officials, disenfranchise voters, sow the seeds of distrust in the election administration and cast unfounded doubt on the election results.
Neither the President nor the Secretary of the DHS has constitutional or statutory authority to take over Maryland’s elections and electoral processes. As we have stated before, the United States Constitution is clear: the authority to administer elections predominately resides with the States. The States administer and conduct elections each according to their laws and regulations, subject to limited Congressional authority.
The official voter registration rolls in Maryland are the ones maintained and administered by the Maryland State Board of Elections (SBE). The so-called “State Citizenship List” has no legal force or authority. Furthermore, the executive order offers no clear or defined concept of citizenship in the context of elections. No one knows what standards are being used to make their determinations or findings. Maryland will not change the status or remove any individual voter from its official voter registration rolls based upon that list.
Additionally, the direction to the USPS not to transmit mail-in ballots unless the voter is on the preclear list provided by DHS is contrary to Maryland law. One may not delay the delivery of a ballot. Moreover, the President does not have direct control over the USPS. Any actions to delay, hinder, or prevent the delivery of the ballot will be met with litigation and referral for prosecution from my office.
As stated in previous statements but something that always bears repeating, the right to vote is a sacred right that has been expanded through the sacrifices of many before us. Remember voting is not an entitlement nor benefit program created or established by the government, but a constitutional right embedded in the principles of our nation’s foundation, our Constitution and the Maryland Declaration of Rights.
I want to reassure all Marylanders that the Maryland State Board of Elections (SBE) and our local election officials are unwavering in their commitment to maintaining safe, open, secure, and trustworthy elections. Public trust in the electoral process and the election officials who enforce the processes is essential. It is the foundation of our democracy and for any elected government. This is a responsibility that I do not take lightly. It is a privilege and honor to safeguard the right to vote. Their voice will determine who will govern our State and the future of our nation.
We encourage voters to explore all available options to vote to mitigate any concerns such as using web delivery to receive their ballots and returning their ballot to a ballot drop box in their county. Please do not let this executive order deter you from exercising your fundamental right to vote. Make a plan for voting.”
The coalition of attorneys general aims to prevent the federal government from implementing or enforcing the executive order signed by President Trump.
There is still time to request a mail-in ballot, with the deadline to request a web delivery mail-in ballot set for June 19.
Early in-person voting begins Thursday, June 11, for the upcoming election and will run through Thursday, June 18.
Election day polling places will be open on June 23 from 7 a.m. to 8 p.m.
