Defending the Freedom to Vote from the Trump Administration’s Unconstitutional Presidential Overreach (LULAC, et al. v. Executive Office of the President)

At a Glance

Campaign Legal Center, along with State Democracy Defenders Fund (SDDF) and on behalf of the League of United Latin American Citizens (LULAC), Secure Families Initiative (SFI) and Arizona Students’ Association (ASA), are challenging President Trump’s illegal executive order that could unlawfully and unconstitutionally prevent American citizens from exercising their freedom to vote.

Status
Active
Updated
Issues
Voting and Elections
About This Case/Action

President Trump’s recent executive order is an illegal and unconstitutional attempt to take control of our elections. The Constitution gives the states and Congress the power to regulate our elections, not the president.

On behalf of the League of United Latin American Citizens (LULAC), Secure Families Initiative (SFI), and Arizona Students’ Association, Campaign Legal Center (CLC) and State Democracy Defenders Fund are filing suit to stop this unconstitutional executive overreach, protect the freedom to vote and safeguard our system of checks and balances.  

By attempting — without any legal authority — to upend our voter registration and mail-in voting processes, this executive order could prevent American citizens from exercising their essential freedom to make their voices heard.

The president does not have the power to regulate our elections.  However, President Trump’s executive order orders the Election Assistance Commission (EAC) to change the federal voter registration form to require voter registration applicants to provide additional documentation to prove their U.S. citizenship — documents that millions of American citizens do not have access to. The president does not have the authority to do this.

Additionally, the executive order attempts to invalidate 17 states’ mail-in ballot receipt deadlines and require additional documentation for military and overseas voters, by threatening to withhold critical federal funding for election administration from states that do not comply with the president’s policy agenda.  

Under the Constitution and federal law, the president does not have the power to do this, nor does the Department of Justice have the authority to invalidate state laws setting receipt deadlines for ballots cast and mailed prior to Election Day.  

The president’s unconstitutional effort to set election rules is a clear violation of the separation of powers, and, if adopted, would prevent millions of eligible Americans from registering and voting. These burdensome documentary proof of citizenship requirements would have an especially heavy impact on Latino voters, military voters and their families, and college students across the United States — including members of each of the plaintiff organizations.  

We are requesting that the court declare President Trump’s executive order illegal and unconstitutional and block the order from taking effect to stop this unconstitutional executive overreach. 

Associated Cases & Actions

Protecting the Promise of American Citizenship

President Trump’s Anti-Voter EO Should Worry All Americans — CLC Responds

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President Donald Trump signed an executive order on March 25, 2025, about voting that threatens millions of Americans’ freedom to vote. 

The order severely limits access to voting by requiring voters to jump through unnecessary hoops when registering to vote; requiring election officials to use unreliable data sources to remove eligible voters from the rolls; and withholding federal funding from states that lawfully accept mail-in ballots postmarked by Election Day but received later. 

Jonathan Diaz, director for voting advocacy and partnerships at Campaign Legal Center, issued the following statement in response: 

“Our democracy works best when every American can participate. Voting is a fundamental American freedom. 

The president doesn't have the authority to adopt policies via executive order to restrict access to voting. This latest executive order is an unlawful power grab that would create major barriers to the ballot for U.S. citizens. 

We already have strict laws in place to protect the security of our elections. Elected officials need to be working to protect, rather than restrict, this fundamental right.” 

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Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. Founded in 2002, CLC fights for every American’s freedom to vote and participate meaningfully in the democratic process. 

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.

Issues
Voting and Elections

Campaign Legal Center Files Complaint Against U.S. Commerce Secretary Howard Lutnick for Violating Federal Ethics Rules

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Washington, D.C. — Today, Campaign Legal Center (CLC) filed a complaint with the Office of Government Ethics (OGE) and ethics officials at the U.S. Department of Commerce, urging them to hold U.S. Commerce Secretary Howard Lutnick accountable for encouraging viewers of Fox News to buy stock in Tesla Wednesday evening. Lutnick’s promotion of the car company owned by Elon Musk, a megadonor to President Donald Trump and leader of the so-called U.S. DOGE Service (DOGE), violates federal ethics rules.  

“The president’s Cabinet members take an oath to serve the American people, and with that oath comes the ability and privilege to exercise a vast amount of power,” Kedric Payne, vice president, general counsel, and senior director of ethics at Campaign Legal Center said in a statement. “Secretary Lutnick’s actions violate the ethics rules that were enacted to hold public officials accountable to the American people. The Office of Government Ethics and Commerce ethics officials should hold Lutnick accountable and reassure the public that their officials will face consequences if they use their public office to enrich themselves or their allies.”  

Executive branch officials are prohibited from using their public office to promote any product, service or enterprise. Therefore, Secretary Lutnick violated well-established federal ethics rules by using a television appearance to call on Americans to buy a specific stock while serving in his official capacity as Commerce secretary.  

Secretary Lutnick’s promotion of Tesla stock follows a concerning pattern of President Trump and his allies using the system to reward wealthy special interests with political favors and extreme influence.  

Senior officials of this administration have thousands of documented conflicts of interest, while robust ethics enforcement appears to be absent. This is a stark contrast to even the first Trump administration, which despite its routine ignoring of ethics rules, still had White House ethics lawyers rebuke Kellyanne Conway for promoting products by Ivanka Trump.

Executive branch officials hold some of the most powerful positions in government and they owe it to the America people to make the public good, not wealthy special interests, their top priority. The Office of Government Ethics and Commerce ethics officials must ensure that Secretary Lutnick is held accountable for a clear violation of federal ethics rules.

 

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Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. Founded in 2002, CLC fights for every American’s freedom to vote and participate meaningfully in the democratic process.

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.

 

Issues
Ethics

Commerce Secretary Lutnick’s Call to Buy Tesla Stock Violates Federal Ethics Rules

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Washington, D.C. — In an appearance on Fox News yesterday evening, U.S. Commerce Secretary Howard Lutnick encouraged viewers to buy stock in Tesla, the car company owned by Elon Musk, a “special government employee” advising the president and a leader of the so-called U.S. DOGE Service (DOGE). 

This continues a worrying pattern, seen since Inauguration Day, of President Donald Trump and his allies attempting to manipulate the system to enrich wealthy donors. Thus far, the second Trump administration has opened the door to a culture of corruption that rewards wealthy special interests with political favors and extreme influence. 

Even Trump’s first administration acknowledged that government officials are prohibited from endorsing “any product, service or enterprise” when White House ethics lawyers rebuked Kellyanne Conway for promoting Ivanka Trump’s products. But the new administration has senior officials with thousands of documented conflicts of interest and apparently no ethics enforcement. By using a television appearance, while in his official capacity as Commerce secretary, to call on Americans to buy a specific stock, Secretary Lutnick has clearly violated well-established federal ethics rules. 

Kedric Payne, vice president, general counsel, and senior director for ethics at Campaign Legal Center, issued the following statement: 

“The president’s Cabinet members take an oath to serve the American people, and with that oath comes the ability and privilege to exercise a vast amount of power. Such power is intended to promote the public interest and is legally barred from promoting personal business interests. 

“Secretary Lutnick’s actions violate the ethics rules that were enacted to hold public officials accountable to the American people. His statement is part of a pattern of behavior showing that Trump’s indifference to ethics is trickling down to his most senior officials. 

“The American people deserve a government that prioritizes public good. Most people will conclude that promoting a stock is not tied to any public good and ethics laws agree. The Office of Government Ethics and Commerce ethics officials should hold Lutnick accountable and reassure the public that their officials will face consequences if they use their public office to enrich themselves or their allies.”


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Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. Founded in 2002, CLC fights for every American’s freedom to vote and participate meaningfully in the democratic process.

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.

Issues
Ethics

Campaign Legal Center’s Trevor Potter Responds to President Trump’s Department of Justice Remarks

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Washington, DC — Following President Donald Trump’s speech at the U.S. Department of Justice (DOJ) on Friday, Campaign Legal Center’s President and Founder Trevor Potter released the following statement:

"President Trump's recent remarks at the Department of Justice are a troubling sign that, in this administration, the DOJ's role to uphold the rule of law has been transformed into a tool for settling the president's personal and political vendettas.

“In his remarks, the president attacked former Ambassador Norman Eisen, who has spent his distinguished career promoting government ethics and democracy, and the nonpartisan Citizens for Responsibility and Ethics in Washington (CREW), a longtime leader in the movement for accountable government.

“We stand with Norm Eisen, CREW and fellow defenders of democracy who work to preserve the rule of law and the Constitution on behalf of the American people." 

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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.

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