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By Gabe Whisnant
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President Donald Trump on Tuesday signed an executive order directing the creation of a nationwide list of verified eligible voters, a move likely to face swift legal challenges as the president continues to push for tighter restrictions on voting ahead of this year’s midterm elections.
The order calls for the Department of Homeland Security, working with the Social Security Administration, to compile lists of eligible voters in each state. It also seeks to bar the U.S. Postal Service from delivering absentee ballots to individuals not included on those state‑approved lists, though Trump’s authority to mandate Postal Service operations is likely limited.
“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.”
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Within minutes of Trump signing the order, senior elections officials in Oregon and Arizona—two states that rely heavily on voting by mail—said they would sue.
Trump Order Targets Voter Rolls and Mail Ballots
Under the order, ballots would be required to include secure envelopes with unique barcodes that allow for tracking, according to the directive. The administration has not addressed how states would be required to implement the new voter‑list system outlined in Tuesday’s order or how conflicts between state and federal authority would be resolved.
For voters, the order raises uncertainty about access to registration and absentee ballots, particularly for people whose eligibility records may be incomplete or inconsistent across federal and state databases. Election experts warn that relying on federally compiled voter lists could increase the risk of eligible voters being left off rolls, delayed in receiving ballots or required to take additional steps to verify their status.
Alexandra Chandler, director of Protect Democracy's free and fair elections program, told Newsweek via email, "This executive order is more like an attempted executive override of the states’ authority to run our elections. Meant to solve for a problem that exists only in the false rhetoric of the Trump administration and its political fortunes, the EO is a classic example of their playbook to deceive the American people and disrupt the election process in order to deny any future results that don’t suit them."
Because elections are administered by states, the order is also expected to trigger court fights that could leave voters facing confusion over which rules apply as midterm elections approach, especially for those who rely on mail voting, such as military members, students and people who travel frequently.
Legal Challenges Expected Over Federal Authority
Voting rights advocates and legal experts predicted the order would challenged in court, as with Trump’s previous attempts to reshape election rules through executive actions.
"We don’t need decrees from Washington, D.C.,” said Tobias Read, the Democratic secretary of state in Oregon, which votes entirely by mail. “My message to the President: We’ll see you in court.”
Trump signed an earlier election‑related executive order in March that sought sweeping changes, including requiring proof of citizenship for federal voter registration and mandating that mailed ballots arrive at election offices by Election Day. Large portions of that order have been blocked by courts following lawsuits brought by voting rights groups and Democratic attorneys general, who argued the president exceeded his constitutional authority and risked disenfranchising voters.
In February, Trump said during an interview with a conservative podcaster that he wanted to “take over” elections in Democratic‑run areas, repeating fraud allegations that have been rejected by audits, investigations and court rulings.
“This will be blocked as soon as lawyers can get to the courthouse,” said David Becker, a former Justice Department attorney who now leads the Center for Election Innovation and Research. “The Constitution is very clear — the president has no power over elections in the states.”
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Constitution Gives Elections Power to States, Congress
Elections in the United States are not centralized or run by the federal government. Instead, they are administered by state and local election officials across thousands of jurisdictions, from small townships to large metropolitan counties.
The Constitution’s “Elections Clause” gives Congress the authority to “make or alter” rules governing federal elections, but it does not grant the president the power to control election administration. Legal experts say that distinction has consistently limited the scope of executive authority over voting procedures.
Trump Pushes Mail Voting Restrictions
Trump remains a vocal critic of mail‑in voting, frequently asserting that the practice is vulnerable to fraud. He has urged lawmakers to pass broad election legislation that would restrict mail voting nationwide.
Those claims are not supported by evidence. A 2025 report by the Brookings Institution found that fraud in mail voting occurred in approximately 0.000043 percent of ballots cast—about four cases per 10 million mail ballots.
Trump himself has used mail ballots, including voting last week in local elections in Florida. The White House has said Trump opposes universal mail voting but supports access for individuals who need it due to circumstances such as travel or military service.
This article includes reporting by the Associated Press.
Updates: 3/31/26, 7:21 p.m. ET: This article was updated with new information and remarks.
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