Trump’s Executive Order on Mail-In Voting Is a Constitutional Train Wreck, Experts Say

President Trump’s executive order aimed at reshaping mail-in voting is facing immediate legal backlash and sharp criticism from election experts who say it blatantly violates the U.S. Constitution. States including Michigan, New York, and Pennsylvania have already filed lawsuits challenging the order’s legality, signaling a high-stakes battle over election authority just ahead of the midterms.

David Becker, founder and executive director of the Center for Election Innovation and Research, a nonprofit dedicated to supporting election officials and voter confidence, called the order “clearly unconstitutional.” The order directs the Department of Homeland Security (DHS) to create a national voter list using only federal sources and instructs the Postal Service to enforce that only voters on this list receive mail ballots. It also threatens prosecution of election officials and withholding of federal funds from states that refuse to comply.

“This is a power grab,” Becker said. “The President doesn’t get to create a national voter list without congressional authorization. Nor can he dictate to states or the Postal Service who is eligible to receive mail ballots. Election policy is not dictated by whoever sits behind the Resolute Desk.”

The Constitution is explicit: Article One, Section Four grants state legislatures the authority to set the times, places, and manner of federal elections, while Congress holds the power to alter those regulations. Trump’s executive order sidesteps both, attempting to centralize control over election processes in the executive branch.

Trump’s own justification for the order rests on unfounded claims of widespread mail-in voting fraud. “The cheating on mail-in voting is legendary,” he said when signing the order in late March. Yet there is no evidence to support these allegations, and election experts warn that the order is less about securing elections and more about consolidating power.

At least five lawsuits are now underway challenging the order’s legality. Becker predicts that courts will block the executive order before it can affect upcoming primary elections. “If the President were serious about changing election policy, he would be working with Congress to pass legislation,” Becker noted. “But this order is clearly designed to bypass the democratic process and federalize control over elections without legal authority.”

This executive overreach fits a disturbing pattern of Trump’s attempts to undermine democratic norms and seize control over institutions meant to be independent. As the midterms approach, voters and election officials alike should be wary of any effort to weaponize the machinery of democracy for partisan gain.

For more on this developing story, check the original reporting by Rachel Knapp at WENY News.