From the letter:

On behalf of the Brennan Center for Justice, the American Civil Liberties Union, the League of Women Voters of the United States (the “League”), the Legal Defense Fund, and the National Association for the Advancement of Colored People (“NAACP”), we write to explain that you may not take any action in response to the President’s Executive Order of March 25, 2025 (the “Order”), titled “Preserving and Protecting the Integrity of American Elections.” The Order itself is unlawful as it relates to the U.S. Election Assistance Commission (the “Commission”), and it
would, in any event, also be unlawful for the Commission to take several of the actions directed by the Order.

The Order purportedly directs the Commission to: (1) amend the federal voter registration form to include a requirement for “documentary proof of United States citizenship;” (2) withhold funding from states that do not include a documentary proof of citizenship requirement as set forth in the Order, or that do not reject mail ballots received after Election Day even if timely under state law; and (3) amend the Voluntary Voting System Guidelines, including to prohibit the use of certain voting systems, and rescind all previous certifications of state systems. These directives are unlawful and the Commission should take no action in response.

As you know, in 2016, the League, the Georgia State Conference of the NAACP, and others, represented by some of the undersigned groups as counsel, filed a suit against the Commission and its Executive Director challenging the Executive Director’s decision to allow states to require documentary proof of citizenship with the federal form. In 2021, a federal court entered summary judgment in the Plaintiffs’ favor….