A person drops off a mail-in ballot on October 15, 2024 in Doylestown, Pennsylvania.
Hannah Beier | Getty Images
President Donald Trump on Tuesday signed an executive order cracking down on mail-in voting, a move that voting-rights advocates say would disenfranchise millions of Americans.
The order, which requires the Department of Homeland Security to compile a list of verified U.S. citizens in each state who are eligible to vote, is almost certain to be challenged in court, which could block it from being enforced in time for the midterm elections in November.
“We want to have honest voting in our country, because if you don’t have honest voting, you can’t have, really a nation if you want to know the truth,” Trump said in the Oval Office after signing the order.
According to a White House fact sheet, DHS would undertake the effort to compile the list with the Social Security Administration.
The list would be sent to each state, and the order directs the Attorney General to prioritize the investigation and prosecution of “election officials, individuals, and other entities that violate the law by issuing or distributing Federal ballots to ineligible voters.” It also directs the Attorney General to withhold federal funds from noncompliant states, the fact sheet says.
The fact sheet says the Postal Service would be required “to transmit ballots only to individuals enrolled on a State-specific Mail-in and Absentee Participation List.” Election authorities in each state typically send out mail ballots to voters, not the Postal Service.
The order also requires the Postal Service to require all ballots it transmits to be “placed in secure ballot envelopes marked as Official Election Mail with unique Intelligent Mail barcodes that facilitate tracking,” according to the fact sheet.
Trump himself recently voted by mail in Florida. The Constitution vests the administration of elections in the states, though Congress can pass laws pertaining to elections. The executive branch does not have an official role in changing election laws or carrying out elections.
Voting-rights advocates say Trump’s planned restrictions on voting would disenfranchise millions of Americans. The executive order is almost certain to be challenged in court, which could block it from being enforced in time for the midterms.
Massachusetts Attorney General Andrea Joy Campbell, a Democrat, said her office is “reviewing this order and will take appropriate legal action to ensure that every eligible voter in Massachusetts can vote and have their vote counted.”
“The Trump Administration cannot interfere with the right to vote and may not override state election authority,” Campbell said.
The NAACP, in a statement, said the “order will not stand.”
“Not only is his order unconstitutional, it’s unserious,” said NAACP president Derrick Johnson. “His attempts to silence us will only make us louder – with our voices and our votes.”
The Daily Caller first reported that Trump would sign the order.
Trump has long sought to restrict mail-in voting following his loss in the 2020 election to former President Joe Biden. He has repeatedly claimed, without providing evidence, that the election was stolen from him due to fraud in mail-in voting.
The order comes after months of pressure on Congress to pass the SAVE America Act, a measure that would require voters to provide photo identification and proof of U.S. citizenship to vote. The U.S. House voted to approve the measure in February, and the Senate debated it this month without taking a vote.
Trump has told Republicans that they will lose the November midterm elections if they don’t pass the bill and crack down on mail-in voting.