Trump's Mail-In Ballot Ban Blocked as Wisconsin Proceeds with Spring Election
Despite Trump's March 31 executive order attempting to restrict mail-in voting nationwide, Wisconsin's spring election proceeded Tuesday with no changes to absentee ballot procedures. The order, which directs the postal service to only deliver ballots to "verified voters" on a federal list, faces a multi-state legal challenge led by Wisconsin Attorney General Josh Kaul, who called it an unconstitutional attempt to override state election laws.
Over 30,000 Madison voters requested absentee ballots for Tuesday's Wisconsin spring election, proceeding under existing state law despite President Trump's latest attempt to restrict mail-in voting access.
Trump signed an executive order on March 31 that purports to create federal lists of "eligible U.S. voters" in each state and directs the U.S. Postal Service to deliver mail ballots only to people on a "federal confirmed citizen list." The order represents yet another attempt by the administration to centralize control over state-run elections and restrict voting access under the guise of election security.
Wisconsin Attorney General Josh Kaul immediately joined a multi-state lawsuit challenging the order's legality.
"An executive order isn't a royal decree. The president can't just change the law in terms of how states administer their elections with the snap of a finger. And what we are seeing here is an attempt to do just that," Kaul said.
The Constitution grants states the authority to administer their own elections. Trump's order attempts to circumvent that authority by inserting federal control over who receives ballots, a power the president does not possess without congressional action.
Wisconsin Elections Commission Administrator Meagan Wolfe confirmed that the order has no effect on Tuesday's election or current voting procedures.
"Any federal bills that are being proposed or other measures that might be proposed at the federal level, none of those are in place. And so when voters head to the polls on April 7th, they should know that nothing has changed," Wolfe said.
Voter ID requirements also remain unchanged. Wisconsin voters need only present a valid Wisconsin ID or driver's license. The "REAL ID" marked with a star is not required, despite confusion some voters expressed about federal identification standards.
"The photo ID requirements remain unchanged. The process where you state your name and address and you show your ID and you're given a ballot at the polls and you sign poll books, all of those things are still in place," Wolfe said.
The executive order is part of a broader pattern of Trump administration attacks on mail-in voting, a method that has been used safely and securely for decades, including by military personnel stationed overseas. Republicans have increasingly targeted mail-in voting after Trump baselessly claimed widespread fraud in the 2020 election, despite dozens of court cases and audits finding no evidence of systemic problems.
The timing of Trump's order, coming just days before Wisconsin's spring election, appears designed to create confusion and suppress turnout. Election officials have had to spend resources reassuring voters that their absentee ballots will be counted and that existing procedures remain in effect.
Whether the order will survive legal challenges remains uncertain. Kaul said he hopes a judge can rule on the case before Wisconsin's fall primary election in August. Some election officials warn that implementing changes to mail-in voting procedures on short notice would be logistically difficult and could disenfranchise voters who rely on absentee ballots.
The lawsuit challenging Trump's order argues that the president lacks the constitutional authority to dictate how states conduct elections or to commandeer the postal service for voter verification purposes. The order also raises questions about what criteria would be used for the "federal confirmed citizen list" and who would have access to that data, creating potential privacy and civil rights concerns.
For now, Wisconsin voters can proceed with confidence that their votes will be counted under existing state law. But the legal battle over Trump's executive order highlights the administration's ongoing efforts to undermine voting access and concentrate power in the executive branch, even when that power does not legally exist.
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