Resource: Donald J. Trump for President v. Murphy

By: Healthy Elections Project

November 6, 2020

Healthy Elections Project

New Jersey Governor Murphy issued Executive Order 177 mandating that November 3 elections will be all-mail, that all active voters will automatically receive mail-in ballots, that ballots postmarked on or before elections day will be counted even if received after election day, and that all in-person ballots will be cast as provisional ballots. Plaintiffs allege that, under both the Elections and Electors Clauses of the U.S. Constitution, the Governor lacks authority to order these changes. Plaintiff also argues that expanding mail-in voting in New Jersey, which has a history of voter fraud, dilutes the value of legitimate votes. The order also allegedly violates federal law by potentially allowing votes cast after election day to be counted. Finally, the order allegedly violates in-person voters' rights to vote safely and efficiently and thus violates the Equal Protection Clause. Plaintiffs seek injunctions against implementation of the order.