President Trump on Tuesday signed an executive order that establishes a list of voters eligible to vote by mail in an effort to crack down on cheating.
"The cheating on mail-in voting is legendary. It’s horrible what has been going on," said Trump, adding "If you don’t have honest voting, you can’t have, really, a nation."
What the EO does:
- Creates verified "State Citizenship Lists": Directs the Department of Homeland Security (via USCIS) and Social Security Administration to compile and send each state a list of confirmed U.S. citizens who are 18+ and reside in that state, drawn from federal databases (e.g., citizenship/naturalization records, SAVE program). These lists must be updated and transmitted at least 60 days before federal elections. Note: Being on the list does not mean you're automatically registered to vote—that still follows state laws.
- Restricts USPS mail-in ballot distribution: Instructs the U.S. Postal Service to start a rulemaking process (within 60 days, final rule in 120 days) so that mail-in/absentee ballots are only sent to individuals on state-specific "Mail-In and Absentee Participation Lists" that states can provide/supplement. Ballots must use secure, automation-compatible envelopes marked as "Official Election Mail" with unique Intelligent Mail barcodes (or similar tracking tech) for auditable tracking.
- Enforcement and penalties: The Attorney General must prioritize investigations and prosecutions of anyone (including state/local officials) who sends ballots to ineligible voters or engages in related fraud. It also allows withholding federal funds from noncompliant states/localities where legally authorized.
The order invokes the Help America Vote Act and National Voter Registration Act, as well as the president's duty to enforce election-related criminal statutes.
"We believe, combined, the measures in this order will help secure elections in the future and ensure the many abuses of our elections in the past are not repeated in future elections," said Will Scharf, White House staff secretary and assistant to the president.
And of course, it will be insta-halted by a judge in short order as it's expected to spark legal challenges.
“This executive order is a blatant, unconstitutional abuse of power,” Sen. Alex Padilla (D-Calif.) said in a statement.
“Make no mistake: Trump’s attacks on our elections are a clear and present threat to our democracy.”
California Gov. Gavin Newsom rejected the order as illegal and warned of incoming litigation. “The President wants to limit which Americans can participate in our democracy,” Newsom’s press office wrote on March 31 on X. “California will see him in court.”
Democrat megalwayer Marc Elias called it a "massive and unconstitutional voter suppression effort aimed at giving Trump the power to create a list of who is allowed to vote by mail.