DENVER | Colorado on Friday joined a multi-state lawsuit challenging an executive order by Donald Trump that seeks to reshape how elections are administered nationwide, escalating a legal battle over the balance of power between states and the federal government.
Attorney General Phil Weiser announced the move, saying the order unlawfully interferes with Colorado’s authority to run its own elections and threatens voting access for millions of residents who rely on mail ballots.
“The president’s unlawful executive order threatens the right to vote for millions of Colorado voters—Democrat, Republican, or Unaffiliated—who use mail ballots,” Weiser said in a statement. “The president does not have the power to take over elections by signing an executive order.”
The lawsuit, filed in U.S. District Court in Massachusetts, is led by a coalition of Democratic attorneys general from more than 20 states and the District of Columbia. It follows swift backlash to Trump’s order, signed Tuesday, which calls for the creation of a nationwide list of eligible voters and directs the U.S. Postal Service to deliver mail ballots only to those on that list.
Arapahoe County Clerk and Recorder Joan Lopez agreed that the lawsuit is needed to stop illegal action by the Trump administration.
“Colorado’s election system is secure, transparent and constantly improving,” Lopez said in a statement. “Arapahoe County Elections’ goal is simple. Every eligible elector should be able to cast a ballot, and every valid ballot should be counted accurately. We continue to support that mission. We will be closely monitoring any developments and will keep our voters informed of any changes that could impact their ability to cast a ballot and make their voices heard.”
Voting law experts and state officials have argued the measure violates the Constitution by attempting to seize powers legally reserved for the states.
The Constitution’s Elections Clause gives states primary responsibility over the “time, place and manner” of elections, while allowing Congress, and not the president, to make limited changes.
Trump has defended the order as necessary to combat what he claims, without evidence, is widespread voter fraud. Trump has repeated claims that have been widely debunked by audits, courts and investigations.
“The cheating on mail-in voting is legendary,” Trump said as he signed the order, repeating what the Associated Press has referred to in stories as “lies.”
Colorado officials pushed back, emphasizing that the state’s mail voting system is widely used and has been upheld as secure. The lawsuit argues that the executive order would force states to overhaul their election systems on short notice, risking confusion and disenfranchisement ahead of the 2026 elections.
File Photo by Philip B. Poston/Sentinel Colorado
“This Executive Order is undemocratic, unconstitutional, and dangerous,” Colorado Secretary of State Jena Griswold said in a statement. “Trump once again is trying to unlawfully exert influence on states’ elections in an effort to hold onto power in the upcoming midterm elections, this time by creating a Trump voter list. The Constitution is clear: states oversee elections, not Trump.”
According to the complaint, Trump’s order would require states to abandon their existing voter registration procedures and rely on a federally approved list compiled with the involvement of agencies such as the Department of Homeland Security and the Social Security Administration. It also threatens states with the loss of federal funding and potential criminal penalties for election officials who fail to comply.
Weiser said such provisions would disrupt Colorado’s established processes and undermine confidence in elections.
“Colorado’s mail ballot voting system is secure and fair, and we’re now in court to protect Colorado’s elections and the freedom to vote,” he said.
Critics say the order is part of a broader effort by Trump to exert more control over election systems following his continued false claims about the 2020 election. He has previously sought sweeping changes, including proof-of-citizenship requirements for voter registration and stricter deadlines for mail ballots, many of which have been blocked in court.
Legal analysts have also questioned whether the president has authority over the U.S. Postal Service, an independent agency governed by a board, and whether federal databases used to verify voter eligibility are reliable enough to support such a system.
The coalition’s lawsuit argues that implementing the order would be especially disruptive given the complexity of election administration. States would be forced to rapidly redesign procedures and educate voters, potentially within weeks of primary contests and months before general election mail voting begins.
“This kind of abrupt change would create chaos and distrust in election systems,” the lawsuit contends, adding that eligible voters could be wrongly excluded.
Joining Colorado in the lawsuit are attorneys general from states including California, New York, Illinois and Washington, along with the governor of Pennsylvania. The group is asking the court to block enforcement of the executive order.
The case sets up a high-stakes constitutional fight over election authority at a time when voting rules remain a deeply contested issue nationwide.
For Colorado and its allies, the outcome could determine whether states retain control over their election systems or face new federal mandates imposed by the executive branch.
— The Associated Press contributed to this story.