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Trump's New Executive Order on Mail Ballots: A Legal Showdown Looms for Texas Voters
Key Takeaways
- •Executive order mandates USPS oversight of mail ballot delivery, restricting ballots to an approved list.
- •Order directs DHS to create federal lists of adult citizens for states, raising federalism concerns.
- •Legal experts contend the order is unconstitutional, as election power rests with states and Congress per Article I, Section 4.
- •Federal courts have previously blocked similar executive orders, ruling the President lacks authority to rewrite election law.
- •Implementation of the order before the November election is seen as practically impossible and would face immediate court intervention.
So, you know how voting works, right? Or at least, you think you do. Well, President Trump just signed a new executive order that’s trying to shake up how we handle mail-in ballots across the country. And let me tell you, legal experts in Texas and beyond are already raising major red flags, saying, "Not so fast!"
This order, officially titled “Ensuring Citizenship Verification and Integrity in Federal Elections,” aims to give the U.S. Postal Service (USPS) some pretty big power over who gets a mail ballot. Here's how it's supposed to work: States would have to send the USPS a list of everyone they plan to mail an absentee or mail-in ballot to, 60 days before any federal election. The USPS would then create unique identifiers, like barcodes, for those ballot envelopes. And here’s the kicker – they’d only be authorized to deliver ballots from people on that approved list.
But that’s not all. The order also tells the U.S. Department of Homeland Security (DHS) to team up with the Social Security Administration. Their mission? To build a list of all adult citizens living in each state, using federal databases, and then hand that list over to the state’s chief election official. Of course, the order still notes you’d need to register to vote according to your state’s rules, but it’s a big move into federal oversight of voter data.
Now, if you're thinking, "Can the President just do that?" you’re asking the right question. Because when it comes to elections, the U.S. Constitution is pretty clear. Article I, Section 4 gives states and Congress the power to make laws about elections – not the President. This is the core constitutional issue at play, and it’s why legal analysts are already predicting a swift challenge in court.
This isn't the first time we've seen this kind of play. Just over a year ago, Trump issued his first executive order on elections. That one tried to demand documented proof of citizenship for voter registration and aimed to stop counting mail ballots that arrived after Election Day, even if they were postmarked on time. Federal courts, however, quickly shut those provisions down. They repeatedly ruled that the President simply lacks the authority to rewrite election law. Those previous rulings, according to experts like Danielle Lang of the Campaign Legal Center, "provide a clear roadmap" for challenges to this new order.
Beyond the legal arguments, there are massive practical problems. Could the USPS and DHS actually implement these sweeping changes in time for the November election? Election law professor Rick Hasen was blunt: "No way." He believes that if the administration even attempted to move forward, courts would intervene immediately to stop it. This kind of sudden, top-down overhaul would inevitably conflict with all sorts of existing state laws, especially those that allow for late requests or sending of mail-in ballots to newly eligible voters.
Hasen emphasizes a fundamental point: The Constitution does not give the Department of Homeland Security any power over elections. The authority to run state elections rests firmly with the states. The power to run federal elections also rests with the states, unless Congress specifically acts. And, as he aptly points out, "the president is not Congress."
The President has tried to push his election agenda through Congress before. Bills requiring proof of citizenship to register, like the SAVE Act, have passed the House but stalled in the Senate, where a filibuster often means you need 60 votes to get anything passed. He’s even pushed Republican senators to get rid of the filibuster for these bills, but they’ve been reluctant.
Where Republicans have seen more success is in changing election laws at the state level. Many GOP-led states have indeed passed proof-of-citizenship requirements and moved up mail-ballot receipt deadlines. But that’s state action, following state legislative processes, which is entirely different from a presidential executive order.
So, while the President frames these actions as ensuring "honest voting," the legal reality is stark. This new executive order is heading straight for the courts, likely facing a fate similar to its predecessor. For you, as a voter in Houston or anywhere in Texas, it means more legal battles over how your ballot is handled, keeping election integrity a hot, contested topic right up to election day.
