States Challenge Trump’s Voting Restriction Order

(SeaPRwire) –   On Tuesday, President Donald Trump issued an executive order aimed at establishing a registry of eligible voters in every state and restricting mail-in voting, marking his latest effort to overhaul U.S. elections based on unsubstantiated allegations of widespread fraud.

With the November midterm elections just months away, the directive immediately sparked threats of legal action from state governments and voting rights organizations. Anticipating these challenges, Trump characterized the order as “foolproof,” remarking, “Maybe it’ll be tested. Maybe it won’t.”

The mandate instructs the Department of Homeland Security, working with the Social Security Administration, to create a list of verified U.S. citizens who will be at least 18 years old by the next federal election. It also prohibits the U.S. Postal Service from delivering absentee ballots to anyone not specifically registered on a state’s mail-in or absentee list. Currently, eight states—California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont, and Washington—along with Washington, D.C., automatically provide ballots to voters without requiring a request. Additionally, the President directed the USPS to use secure envelopes equipped with unique, trackable barcodes for ballots.

The order grants Attorney General Pam Bondi the authority to investigate states and municipalities that issue ballots to unqualified voters, including the potential prosecution of local officials. It further threatens to cut off federal funding for jurisdictions that do not comply.

At the signing ceremony in the Oval Office, the President reiterated debunked claims of rampant fraud associated with mail-in voting—a method he utilized himself earlier this month for special elections in Florida. While Trump has criticized the system, he suggested that certain exceptions are valid, such as for members of the military, travelers, or those with disabilities or illnesses.

“The cheating on mail-in voting is legendary,” he remarked. “It’s horrible, what’s gone on. It’s very clearly covered, very, very clearly. So I think this will help a lot with elections.”

For several months, Trump’s Justice Department has been requesting voter registration lists from states, citing a need for election transparency and integrity. The department has initiated lawsuits against Washington, D.C., and 29 states following the refusal of officials to provide those records.

The executive action also comes as Trump encourages Congress to pass the SAVE America Act, a bill that would mandate strict proof of citizenship for voter registration and require valid identification for casting a ballot. Although the Republican-led House has approved the measure, it faces significant hurdles in the Senate.

“We’d like to have voter ID, we’d like to have proof of citizenship,” Trump stated in the Oval Office. “And that’ll be another subject for another time.”

This is not the first instance of Trump using executive orders to attempt to change election procedures. A year ago, he signed a directive seeking major electoral reforms, though parts of it—including the plan to withhold federal funds from noncompliant states—have been halted by the courts.

Immediate rebuke

Following the announcement, several states condemned the order, arguing that the President was overstepping into state-managed election processes. Trump has previously called for Republicans to “nationalize” elections, despite the U.S. Constitution granting states the power to conduct them.

Arizona Secretary of State Adrian Fontes released a video statement calling the order “unconstitutional,” noting that mail-in voting systems were originally designed by Republicans and have supported the party’s success in his state for years. In a separate comment, he described the order as a “disgusting overreach” that serves 80% of Arizona’s voters and demonstrates a lack of understanding regarding election administration.

Oregon Secretary of State Tobias Read, whose state conducts elections entirely by mail, labeled the President’s move an “illegal power grab” on social media, adding, “We’ll see you in court.”

Maine’s Secretary of State Shenna Bellows declared that the state would not “obey in advance.” According to the University of Florida’s Election Lab, more than 360,000 of Maine’s approximately 900,000 voters cast mail-in ballots in 2024.

Francisco Aguilar, the Secretary of State for Nevada—where nearly 670,000 people voted by mail in 2024—stated that Trump has spent years trying to “manufacture a crisis” regarding mail voting and that his rhetoric only serves to confuse voters during an election year.

Marc Elias, an attorney and founder of Democracy Docket, indicated on social media that he intends to file and win a legal challenge, asserting that the order is designed to target Democrats for mass disenfranchisement.

David Becker, the executive director of the nonpartisan Center for Election Innovation & Research, told MS NOW that the order is clearly unconstitutional and should not cause panic. “Some may freak out about this, but honestly, this is hilarious,” Becker remarked. “He might as well sign an EO banning gravity.”

—Connor Greene contributed reporting.