Donald Trump on Tuesday signed an executive order seeking to restrict mail-in voting and compile a national voter list in a move that is unprecedented and likely unconstitutional.
The order directs the administration to establish a federal list of confirmed citizens eligible to vote in each state and instructs the postal service to send mail-in ballots only to those on the list. During a White House press conference, Trump said the administration would like to require voter ID and proof of citizenship, repeating false claims about mail-in voting.
Key developments:
- Trump signs executive order restricting mail-in voting and creating national voter list
- Order directs DHS to work with Social Security Administration to create federal voter database
- USPS instructed to send mail-in ballots only to voters on federal list
- Attorney General to withhold federal funds from non-compliant states
- Legal experts widely describe order as unconstitutional
- Previous Trump voting restrictions blocked by federal courts
- Mail-in voting fraud rate: 0.000043% according to Brookings Institution
What Does Trump's Executive Order Aim to Do?
The action, framed as an effort to enhance election integrity, directs the Department of Homeland Security to work with the Social Security Administration to create a national voter list and share it with states. It also orders the postmaster general to ensure mail-in ballots are in secure envelopes with official markings and sent only to voters on the list. The attorney general is instructed to withhold federal funds from non-compliant states and prioritize investigations of election officials who distribute ballots to ineligible voters.
"Trump's attack on voting by mail isn't about integrity – quite the opposite. He knows vote by mail protects against all the well-known election-day voter-suppression tactics." – Senator Jeff Merkley
Legal Authority Questions
Experts have widely described the executive order as unconstitutional. The US Constitution allows states to set election rules, and only Congress can enact changes to federal election policy. Federal courts have blocked previous Trump efforts that imposed citizenship requirements on voter registration.
Voting rights groups and Democratic lawmakers argue the order is an unlawful attempt to suppress voters. The Brennan Center said, "The president has no lawful authority to write the rules that govern our elections. He tried a year ago; we sued him; we won. A year later, he has tried again. He can expect the same result."
Can Trump Force the USPS to Comply?
Legal experts note that the USPS is run by an independent board of governors, and the president cannot dictate what mail is delivered. A spokesperson said the agency would review the order. Trump has attempted to bring the USPS under more presidential control, proposing to integrate it into the Commerce Department.
Voting by Mail and Fraud Statistics
Voting by mail is widely used, including by Trump himself. About one-third of Americans voted by mail in 2024. Despite repeated claims by Trump and other Republicans, mail-in voting fraud is extremely rare. According to the Brookings Institution, fraud occurs in roughly 0.000043% of mail ballots.
Trump's Motives
Trump has consistently tried to interfere with state-run elections. Previous executive orders included proof-of-citizenship requirements and mail ballot deadlines. Much of this effort has been blocked in court, as experts and state attorneys general argue it is an unconstitutional power grab.
Maya Wiley, president of the Leadership Conference on Civil and Human Rights, said, "This is Donald Trump turning the Department of Homeland Security into the department of controlling the homeland."
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