President Donald Trump signed an executive order on Tuesday afternoon aimed at securing mail-in voting and ensuring that only eligible voters are allowed to cast ballots in federal elections.
While states are responsible the election process, including their mail-in voting systems, Trump’s order seeks to use the power of the federal government to verify that mail-in ballots are only sent to American citizens who are eligible to vote. The order, which was first reported by The Daily Caller, requires the Department of Homeland Security to create a list of American voters and tasks the United States Postal Service with ensuring that absentee ballots are only sent to people on the list.
“The right to vote in Federal elections is reserved exclusively for citizens of the United States under the Constitution and Federal law,” Trump’s order states. “Federal statutes explicitly prohibit non-citizens from registering to vote or voting in Federal elections and impose criminal penalties for violations.”
Under the order, the federal data on eligible voters would be shared with state election officials, who would see who is on the list of eligible voters in their jurisdictions. States would receive the list of confirmed voters no fewer than 60 days before each federal election, the order stipulates. The order also requires that absentee ballots are placed into envelopes that have specific barcodes to make them easy to track.
In the order, Trump instructs the attorney general to prosecute state and local officials and any public or private entities that issue ballots to ineligible voters.
Immediately after signing the order, the president acknowledges that a federal judge would likely challenge his action.
“You may find a rogue judge, you have a lot of rogue judges — very bad, bad, people, very bad judges. But that’s the only way that can be changed, and hopefully we’ll win on appeal if it is,” Trump said. “I don’t see how anybody can challenge it.”
Trump is attempting to address concerns around mail-in voting through executive action as the Republican-led Senate sits on the SAVE America Act, legislation pushed by Trump that would impose more restrictions on mail-in voting and require voters to provide ID and proof of citizenship when they register.
Trump has pressured Republicans to pass the SAVE America Act, but the bill would have to overcome the 60-vote filibuster threshold that Democrats are relying on to block the voter ID legislation. Trump has argued that the SAVE America Act is vital to maintain trust in U.S. elections, and his push for stronger voter ID and mail-in ballot laws comes just months before the important 2026 midterm elections.
Democrats have already condemned Trump’s order as “unconstitutional” and argue that the president’s action would disenfranchise voters. Democrats are also united in their opposition to the SAVE America Act, with the party claiming that stricter voter ID and citizenship requirements would prevent tens of millions of people from voting.
