WASHINGTON (AP) — President Donald Trump on Tuesday signed an executive order to create a nationwide list of verified eligible voters and to restrict mail-in voting, a move that swiftly drew legal threats from state Democratic officials ahead of this year's midterm elections.
The order signed Tuesday calls on the Department of Homeland Security, working in conjunction with the Social Security Administration, to make the list of eligible voters in each state. It also seeks to bar the U.S. Postal Service from sending absentee ballots to those not on each state’s approved list.
Trump is also calling for ballots to have secure envelopes with unique barcodes for tracking, according to the executive order, which was first reported by the Daily Caller. Federal funding could be withheld from states and localities that don’t comply.
“The cheating on mail-in voting is legendary. It's horrible what's going on,” Trump said as he signed the order. “I think this will help a lot with elections.”
Within minutes of Trump signing the order, top elections officials in Oregon and Arizona, two states that rely heavily on mail ballots, pledged to sue, arguing that the president was illegally encroaching on the right of states to run elections.
Arizona Secretary of State Adrian Fontes said the state’s vote-by-mail system was designed by Republicans and is now used by 80% of voters. Arizona doesn’t need the federal government to tell it who can vote, and federal data isn't always reliable, he said.
Maine Secretary of State Shenna Bellows told the AP that the order was “laughably unconstitutional” and said her state would not comply. More than a quarter of Maine voters cast mail-in ballots in the 2024 election.
Nevada Secretary of State Francisco Aguilar said Trump’s order would cripple local election officials charged with implementing it and silence voters counting on casting a mail ballot.
Trump’s March 2025 executive order sought sweeping changes to how elections are run, including adding a documentary proof-of-citizenship requirement to the federal voter registration form and requiring mailed ballots to be received at election offices by Election Day. Much of it has been blocked through legal challenges brought by voting rights groups and Democratic state attorneys general who allege it’s an unconstitutional power grab that would disenfranchise large groups of voters.
U.S. elections are unique because they are not centralized. Rather than being run by the federal government, they’re conducted by election officials and volunteers in thousands of jurisdictions across the country, from tiny townships to sprawling urban counties with more voters than some states have people. The Constitution’s Elections Clause gives Congress the power to “make or alter” election regulations, at least for federal office, but it doesn’t mention presidential authority over election administration.
The Trump administration has launched a widespread campaign it says is meant to target allegations of voter fraud. The Justice Department for months has been demanding detailed voter registration lists from states in what it has described as an effort to ensure the security of elections, and has sued when state officials have refused to hand them over.
The Department of Homeland Security’s SAVE system for verifying citizenship and immigration status has come under scrutiny for producing flawed results from unreliable data sets, as well as raising privacy concerns. One example is that states can conduct bulk searches of the system with Social Security numbers, but few states collect full Social Security numbers as part of voter registration, according to the Brennan Center for Justice.
The Trump administration undertook an overhaul of the system last year, but it still faces legal challenges alleging that reliance on the system can lead to errors in identifying citizenship status and affect eligible voters.
At least one Republican elections official on Tuesday defended the SAVE system while downplaying the potential of widespread voter fraud.
Robert Sinners, a spokesperson for Georgia Secretary of State Brad Raffensperger, said their recommendations to the Trump administration have strengthened voter verification and stressed that "the small number flagged as potential non-citizens cannot vote by mail or in person until they provide proof of citizenship.”
"The executive order will be decided in court, but in Georgia, we already verify citizenship and will continue to do so regardless of the outcome,” Sinners added.
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