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President's New Voting Order Sparks Legal Battle Over States' Rights
Key Takeaways
- •Presidential executive order aims to create federal lists of eligible voters and restrict mail ballot distribution via USPS.
- •Legal experts and state officials contend the order is unconstitutional, citing states' authority over election administration (Article 1, Section 4).
- •Previous similar executive orders on elections have been blocked by federal judges due to lack of presidential authority.
- •The Justice Department's plan to share voter data with DHS for citizenship checks using the SAVE system raises concerns due to its known inaccuracies.
Alright, let's talk about something big happening with elections, because it directly affects how we all vote. President Trump recently signed an executive order, saying it's all about making sure our elections are secure. He believes it's totally sound, legally speaking. But, if you ask election law experts and even some state officials, they're calling it unconstitutional and are ready for a big fight in court.
So, what's this order actually try to do? Well, it aims to make lists of U.S. citizens who can vote in each state. Then, it tells the U.S. Postal Service to only send mail ballots to folks on those verified lists. It sounds pretty straightforward, right? But the problem is, election administration – how we actually run elections – is usually handled by individual states. The U.S. Constitution, in Article 1, Section 4, makes it pretty clear that states get to set the "Times, Places and Manner" for federal elections. Congress can step in and make changes, but the President, acting alone, typically can't just dictate how states manage their voting systems.
This isn't the first time we've seen something like this. About a year ago, a similar executive order about elections from the President got blocked by federal judges. They said the President just didn't have the authority under the Constitution to set voting rules like that. So, we've got a precedent here, and it doesn't look good for this new order.
People are already gearing up to challenge this. Adrian Fontes, Arizona's Democratic Secretary of State, called it a "disgusting overreach" and said his state won't let it stand without a fight. Arizona, like many other states, has already been dealing with the Trump administration's Justice Department trying to get access to sensitive voter data. Those lawsuits, by the way, haven't gone so well for the feds; judges in three states have already thrown them out.
Why does the administration want all this data? They say they need it to keep voter lists accurate. But a Justice Department official actually admitted in court last week that they plan to share this voter info with the Department of Homeland Security. DHS would then run it through a system called SAVE, which is supposed to check for noncitizens. The thing is, this SAVE system isn't perfect. NPR has reported that it sometimes wrongly flags U.S. citizens as noncitizens. Imagine being a legitimate voter and getting caught up in that system – that's a headache, and it raises concerns about voter suppression.
The new order specifically tells DHS, working with the Social Security Administration, to make these citizen lists for each state. These lists would identify citizens over 18 who live in that state. Then, the Postal Service would only be allowed to send mail ballots to people on a special "Mail-in and Absentee Participation List" for that state. The order even talks about the Postal Service reviewing mail ballot envelope designs to "protect integrity."
Now, the President has often complained about widespread illegal voting by noncitizens and problems with mail ballots, but there's no real evidence to back up those claims of widespread fraud. He's actually used mail-in voting himself, including just last week. Yet, his administration is pushing for changes that would drastically alter how states run their mail-in programs. And mail-in voting is pretty common; nearly a third of all voters used it in the 2024 election.
Groups like the Brennan Center for Justice, which works to expand voting access, are really worried. They've already sued over a previous election order from the President. They pointed out that our government's citizenship lists are often incomplete or inaccurate, and the Postal Service is already stretched thin. Putting these two things together, they said, is like combining "a car crash with a train wreck."
Rick Hasen, a big-shot election law expert at UCLA, also wrote on his blog that this order is probably unconstitutional. He also noted that even if it *weren't* blocked by courts, there's no way it could actually be put in place for the November elections. It's just too late.
This executive order comes while President Trump is also trying to get Congress to pass something called the SAVE America Act. That bill is a big election overhaul that would make new voter ID and documentation rules mandatory. But it's stuck in the Senate right now, mainly because of opposition from Democrats and the legislative filibuster.
And to make things even more complex, the Supreme Court is expected to rule this year on another important mail-in voting case. It's about whether Mississippi should count ballots that are postmarked by Election Day but received later. This case, brought by the Republican National Committee and the Trump 2024 campaign, could have huge effects on mail voting across the country. So, you can see, the legal challenges around voting are piling up, and this executive order just adds another big layer to the mix.
Original source: Politics – Houston Public Media.
