Trump's Latest Executive Order Would Let USPS Decide Who Gets to Vote by Mail

USPS as Ballot Gatekeeper

Trump's newest executive order doesn't just meddle with mail voting -- it attempts to hand the Postal Service veto power over who gets to vote by mail in federal elections.

The order directs USPS to create "mail-in and absentee participation lists" for each state and refuse to deliver ballots from anyone not on those lists. How would USPS determine who makes the cut? The order doesn't say, though it appears designed to work in tandem with the Department of Homeland Security's "state citizenship lists" -- themselves built on flawed data that could exclude eligible voters.

What is crystal clear: the order intends for USPS to block the ballots of otherwise eligible voters based on criteria the agency invents, even though multiple federal laws prohibit USPS from selectively refusing to deliver mail.

This is not a tweak to election administration. This is an attempt to transfer control of federal elections from states and Congress to an executive branch agency that is running out of money and has no legal authority to determine who can vote.

The Voluntary Trap

The order frames some of its demands as "voluntary." States can "choose" to notify USPS at least 90 days before a federal election about whether they plan to allow mail or absentee voting. If they do, they "should" provide USPS with a list of eligible mail voters within 60 days of the election.

There is no federal law requiring states to provide USPS any such notifications or lists. There is no law authorizing USPS to demand them.

But the voluntary framing is a smokescreen. Other provisions make clear that states refusing to hand over voter lists -- or failing to adopt USPS-mandated ballot design changes -- could see all their mail ballots blocked from delivery. That is not a choice. That is coercion.

The 60-day deadline for submitting voter lists is also wildly out of step with how elections actually work. The Constitution prohibits state voter registration deadlines from being more than 30 days before an election, and most states set that window far shorter. In every state, the deadline to request an absentee ballot is less than 60 days out -- most make the cutoff two weeks or fewer before Election Day.

In other words, the order demands that states provide lists of mail voters before those voters have even requested ballots in many cases.

Mass Disenfranchisement by Design

If implemented, this system would block eligible American citizens from voting.

Nothing in the order requires USPS to notify voters if their ballot is never delivered because they are not on the agency's approved list. Many voters would have no idea their vote was not counted. Even if USPS did provide notice, affected individuals might not have time or means to fix the problem or switch to another voting method.

For elderly, disabled, and overseas Americans who rely on mail voting, in-person alternatives may not exist. Voting by mail is not a convenience for these voters -- it is often the only accessible option. The order would strip that right away based on bureaucratic list-matching conducted by an agency with no expertise in election administration.

The privacy implications are also staggering. Voter lists containing sensitive personal information would be passed back and forth between states and federal agencies with no clear safeguards or oversight.

And all of this would fall to USPS -- an agency that is broke, understaffed, and tasked with comparing every mailed ballot in the country to these lists in the final weeks before an election. It is a recipe for chaos and disenfranchisement on a national scale.

Flatly Unconstitutional

The Constitution's Elections Clause is unambiguous: rules for running federal elections "shall be prescribed in each State by the Legislature thereof" except that "Congress may at any time by Law make or alter such Regulations."

The president is not mentioned. The Postal Service is not mentioned. They have no role here.

Multiple federal courts have already blocked provisions of Trump's March 2025 executive order on elections for violating this basic constitutional principle. When Trump tried to issue commands to the Election Assistance Commission, another independent agency, a federal court ruled: "That command exceeds the President's authority."

The same is true here. USPS is an independent agency. The Constitution specifically reserves authority over USPS to Congress, not the president. Trump cannot lawfully direct USPS to rewrite election rules, refuse mail delivery based on voter eligibility, or demand that states hand over voter data.

This order is not a policy disagreement. It is an illegal power grab that seeks to centralize control over federal elections in the executive branch and disenfranchise voters who do not appear on government lists of the president's choosing.

It should be struck down immediately.