President Trump signed an executive order Tuesday directing federal agencies to compile a national voter registry and restrict mail-in ballots, prompting immediate legal challenges from Democratic states and sharp criticism from constitutional scholars who called the unprecedented move 'wholly unconstitutional.' The order seeks to establish federal control over voting processes that have traditionally been managed by states.
The executive order directs the Department of Homeland Security to work with the Social Security Administration to create a verified list of U.S. citizens eligible to vote in each state. It also instructs the United States Postal Service to begin rulemaking that would require states to notify the agency of voters requesting mail-in ballots and prohibit ballot delivery unless recipients appear on a USPS-approved eligibility list.
- Federal agencies must compile national voter registry within 60 days of elections
- USPS would control mail ballot distribution based on approved voter lists
- States must notify postal service of all mail ballot requests
- Justice Department continues pressuring states for sensitive voter data
Trump repeated false claims about mail voting fraud while signing the order in the Oval Office, calling cheating with mail-in ballots "legendary." Multiple studies and investigations have found no evidence of widespread voter fraud, including through mail-in voting. The president himself voted by mail earlier this month.
"There's not a single provision in here that will withstand judicial review. This is a wholly unconstitutional EO," said David Becker, executive director for the Center for Election Innovation and Research. The U.S. Constitution grants states, not the federal government, authority over election administration.
Several implementation challenges emerged immediately from the order's language. The administration must provide the verified citizenship list within 60 days of an election, but federal law allows voter registration up to 30 days before election day. The order provides no mechanism for handling eligible voters who register after the 60-day cutoff or who don't appear on federal lists due to data gaps.
The Justice Department has been filing lawsuits nationwide seeking access to state voter rolls, including sensitive information like partial social security numbers and driver's license data. According to The Guardian, the department has lost all three cases decided so far and hasn't won any of the dozens it has filed.
Democratic election officials in Oregon and Arizona announced plans to sue within moments of the order's signing. Arizona Secretary of State Adrian Fontes accused the administration of executive overreach and warned the order represents "nothing more than a push to weaponize the sensitive personal information of voters."
Oregon Secretary of State Tobias Read promised legal action, while Senate Democratic Leader Chuck Schumer posted on social media: "See you in court. You will lose."
The order comes as Trump's legislative efforts to restrict mail voting have stalled in Congress. Politico reports the executive action represents "a major escalation" of Trump's desire to change voting procedures ahead of November's midterm elections, where Republicans could lose congressional control.
Constitutional law experts say the order faces insurmountable legal obstacles. The Constitution's Elections Clause gives states broad authority to conduct elections, while the federal government's role is limited to congressional oversight and specific civil rights protections. Courts have consistently struck down previous attempts at federal election control.
The administration signed a similar order last year imposing citizenship requirements and mail voting restrictions that was quickly overturned by federal courts. Legal challenges to Tuesday's order are expected to follow a similar trajectory, with temporary restraining orders likely before any implementation could begin.
