DOJ says the challenged actions rest on constitutional and statutory authority
United States Department of JusticeDepartment of Justice, in its brief for the defendants (Civil Division, Federal Programs Branch)
DOJ says the executive branch may investigate and prosecute violations of the federal ban on noncitizen voting within the limits of its lawful authority, notes that the statute is not challenged, and says the defendants' challenged actions are supported by constitutional and statutory authority.
Responding to
The executive branch has no authority to direct states to remove registered voters from their rolls, to withhold ballots from registered voters, or to set aside or refuse to count the ballots they cast.
“The Executive Branch may investigate and prosecute alleged violations of that federal prohibition within the limits of its lawful authority. That statute is not challenged here. Thus, Defendants' challenged actions are supported by the double font of constitutional and statutory authority, making Defendants' likelihood of success on the merits strong.”
Original text
Where this statement fits
Democratic leaders sue to stop federal demands on state voter rolls and ballots; DOJ says its letters to states have no legal effect
Democratic committees and congressional leaders ask a federal judge to bar the administration from directing states to remove voters, withhold ballots or set ballots aside. DOJ says its letters to states are non-binding and that the plaintiffs lack standing.
Source and context
Original text
About this source
DOJ's 53-page brief for all defendants. It argues that the letters to states are not self-executing, that the plaintiffs lack standing, that the executive branch may enforce the federal ban on noncitizen voting, and that the requested injunction is overbroad.
Archived copy (opens in a new tab)Before the quotation
The brief says that despite states' traditional authority in managing elections, Congress has made noncitizen voting in federal elections unlawful under 18 U.S.C. 611.
After the quotation
The brief then argues that the government's interest in combating voter fraud outweighs what it calls the plaintiffs' speculative injuries, and asks the court to deny the motion.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
DOJ defends the actions the plaintiffs challenge, saying they are supported by constitutional and statutory authority.
- Recorded on
- Published here
More from this case
Read the full caseDemocratic Governors Association, in a joint statement, says Trump and Republicans are trying to bully election officials
Democratic Governors Association
“Donald Trump and Republicans are trying to bully state and local election officials into denying ballots to eligible American voters. This is an unacceptable attack on free and fair elections, and we are taking the Trump administration to court to stop it.”Read statement
Share or embed this statement
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.
Cite this record
- Publisher
- The Dispute Index
- Title
- DOJ says the challenged actions rest on constitutional and statutory authority
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/7764-doj-says-the-executive-branch-may-investigate-and
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "DOJ says the challenged actions rest on constitutional and statutory authority". First published: 2026-11-02. Last updated: 2026-11-02. https://disputeindex.com/events/7764-doj-says-the-executive-branch-may-investigate-and