Trump’s order to limit mail-in voting: does he have the authority? | US news

What does Trump’s new executive order aim for?

The action, which the president framed as an effort to increase “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 directs the postmaster general to require that all mail-in and absentee ballots be placed in officially marked “secure ballots” and instructs the postal service to send mail-in ballots only to those on the list, and orders the attorney general to withhold federal funds from “non-compliant” states and cities. The attorney general must also prioritize investigating and prosecuting election officials and others who distribute federal ballots to ineligible voters, according to the order.

But voting rights advocates and Democrats say the decision is an illegal voter suppression effort aimed at limiting voting ahead of the midterms.

“Trump’s attack [voting] Communication via mail is not about honesty; quite the opposite. “He knows that voting by mail protects against all known tactics of voter suppression on Election Day,” said Oregon Sen. Jeff Merkley, who is running the election entirely by mail.

“This is all part of his effort to rig the upcoming November election. We cannot let him succeed. Save our Republic!”

Does Trump have the authority to restrict mail-in voting?

The executive order, which would create a national voter registry and restrict the use of mail-in ballots, is unconstitutional and unlikely to withstand legal challenges, experts said.

The president has no legal authority over elections and mail-in voting. The US constitution allows states to set their own rules regarding elections. Only Congress can enact changes in U.S. policy regarding federal elections. And federal courts blocked Trump’s earlier decision seeking to enact citizenship requirements on federal voter registration documents.

Numerous voting rights groups and Democratic lawmakers spoke against the decision.

“The President signed an executive order regarding mail-in voting. He has no legal authority to write the rules that govern our elections. He tried a year ago; we sued him; we won. He tried again a year later. He can expect the same result,” the Brennan Center said.

“Our government’s citizenship rolls are incomplete and inaccurate. The United States Postal Service is overburdened and understaffed. This is a car crash mixed with a train crash.”

Could Trump force the US Postal Service to comply?

Legal experts pointed out potential flaws in the postal service’s cooperation. David Becker, a former justice department attorney who leads the Center for Election Innovation and Research, said the USPS is run by a board of governors and the president has no authority to tell it what mail it can and cannot deliver.

A spokesman said the agency would review the order. Trump has sought to bring the independent agency under more presidential control and has offered to fold it into the commerce department, whose secretary, Howard Lutnick, was present at Tuesday’s signing ceremony.

How common is voting by mail and how rare is fraud?

Voting by mail is hugely popular across the United States and used by tens of millions of Americans, including Trump himself. Despite his years-long vendetta against mail-in voting and threats to eliminate it altogether, he voted by mail in a special election in Florida earlier this month.

According to the report, almost a third of Americans voted by mail in 2024. United States United Center for Democracy. Although people from every demographic group in rural, suburban and urban areas vote by mail, the center notes that it is especially popular among white voters, older voters and U.S. military members.

Trump and other Republicans have for years promoted lies about the security of U.S. elections and argued that voting by mail leads to widespread fraud and “rigging.” Data shows that vote-by-mail fraud is extremely rare. According to a report from Brookings Institution, such cases account for 0.000043% of total votes cast by mail; That’s roughly four out of every 10 million votes.

Why is Trump doing this?

Trump has long sought to interfere with state-run elections. An election executive order issued in March 2025 sought sweeping changes to how elections will be conducted, including adding a documentary requirement for proof of citizenship to the federal voter registration form and requiring mail-in ballots to be delivered to election offices by election day.

Many of Trump’s efforts have been thwarted by legal challenges brought by voting rights groups and Democratic state attorneys general, who argue it is an unconstitutional power grab that would disenfranchise large groups of voters.

Trump also told a conservative podcaster in February that he wanted to “take over” elections from Democratic-run districts.

US elections are unique because they are decentralized. Rather than being run by the federal government, it is run by election officials and volunteers in thousands of counties across the country, from small towns to large urban counties with more voters than some states have. The election clause of the Constitution gives Congress the authority to “make or alter” election regulations, at least for federal office, but does not mention the president’s authority over election administration.

“This is Donald Trump turning the Department of Homeland Security into a homeland control department,” said Maya Wiley, president and chief executive of the Leadership Conference on Civil and Human Rights.

The Trump administration has launched a widespread campaign it says is designed to target claims of voter fraud that have been the subject of false claims by Trump and his allies for years. The justice department is demanding detailed voter registration lists from states in a move it describes as an effort to ensure election security, and has filed lawsuits after state officials refused to provide them.