President Donald Trump signed an executive order on Tuesday creating a federal citizen list for mail-in voting eligibility and mandating new security measures for absentee ballots, setting up a major constitutional showdown with states over election authority.
Executive Order Details and Requirements
The order requires all mailed ballots to appear on state-approved mail-in ballot lists before distribution. New ballot design standards now mandate specific U.S. Postal Service markings, including designation as Official Election Mail and Intelligent Mail barcodes for tracking purposes. States failing to comply face potential loss of federal funding. Staff Secretary Will Scharf presented the order to Trump, stating the measures will help secure future elections and prevent past abuses of the election system.
The Constitution grants states, not the federal government, authority over the times, places, and manner of conducting elections. Legal experts immediately challenged the order’s validity. Eliza Sweren-Becker, deputy director of the Brennan Center for Justice’s voting rights program, told ABC News the order is unconstitutional and unenforceable, comparing it to previous election orders that exceeded presidential authority. The President has no power over federal elections, as that authority rests with states and Congress.
Democrats Promise Court Battles
Senate Minority Leader Chuck Schumer responded swiftly on social media, writing directly to the White House: “See you in court. You will lose.” Schumer described the order as a massive, unconstitutional voter suppression effort designed to give Trump power over who receives mail-in ballots. He warned this targets Democrats for mass disenfranchisement and promised legal action. Trump vowed to appeal any court decisions overturning his order, calling cheating on mail-in voting legendary as he signed the directive.
The Evidence on Mail Ballot Fraud
Trump’s order comes despite minimal evidence supporting widespread mail-in voting fraud claims. A November 2025 Brookings Institution analysis found only 0.000043% fraud rate across the 2016, 2018, 2020, and 2022 general elections—approximately four fraudulent cases per 10 million mail votes cast. The Heritage Foundation documented just 387 instances of fraudulent absentee ballot use across every election since 1982. Trump recently voted by mail-in ballot in a Florida special election despite his long-standing criticism of the practice. The order arrives as Trump’s SAVE America Act stalls in Congress months before the midterm elections.