President Trump signed an executive order Tuesday aimed at increasing federal control over mail-in voting, a move immediately met with resistance from California officials who vowed to fight the measure in court. The order, framed by the administration as a safeguard against widespread voter fraud – a claim repeatedly debunked by election experts – directs federal agencies to compile lists of citizens and requires the U.S. Postal Service to implement new security measures for mail ballots. The action comes as concerns mount over potential attempts to influence the upcoming midterm elections, and as Trump continues to falsely assert the 2020 election was stolen.
The executive order directs the USPS to design new mail ballot envelopes with “secure ballot envelope identifiers,” such as barcodes, to verify voter eligibility. States wishing to utilize the federal mail system for ballot delivery would be required to submit lists of eligible voters to the Postal Service in advance. The Department of Homeland Security, U.S. Citizenship and Immigration Services, and the Social Security Administration are tasked with creating and transmitting lists of citizens to state election officials. The order explicitly prohibits the USPS from delivering ballots that do not match these federal lists.
California, a state that has embraced universal mail-in voting, is bracing for a legal battle. Nearly 89% of votes cast in the state’s 2025 special election on Proposition 50 were by mail, totaling over 10.3 million ballots, according to the California Secretary of State Shirley Weber’s office. The state’s Attorney General, Rob Bonta, characterized the order as a “dangerous and unprecedented escalation” in attacks on election integrity, asserting that the power to regulate elections rests with the states and Congress.
A Familiar Pattern of Challenging Mail-In Voting
This executive order represents the latest effort by Trump to cast doubt on the security of mail-in ballots, a tactic he employed extensively during and after the 2020 presidential election. Despite numerous audits and investigations finding no evidence of widespread fraud, Trump continues to claim that mail-in voting is rife with abuse. He recently voted by mail himself in Florida, as reported by the Los Angeles Times, a fact critics point to as hypocrisy.
The administration argues the order is necessary to ensure “honest voting,” as Trump stated Tuesday. Commerce Secretary Howard Lutnick, appearing alongside the President, claimed the order would make mail-in ballots “safe, secure and accurate.” However, election law experts largely disagree. Rick Hasen, director of the Safeguarding Democracy Project at UCLA Law, noted that a previous executive order attempting similar federal overreach was blocked in court and predicted a similar fate for this one. “The President does not have the authority to do this,” Hasen wrote in a Tuesday post.
California’s Defiant Response
California officials are preparing for a swift legal challenge. Governor Gavin Newsom posted on X (formerly Twitter), “We’re challenging it. See you in court,” accompanied by a video of Trump announcing the order. Senator Alex Padilla, a Democrat representing California, called the order a “clear and present threat to our democracy” and pledged to “apply every tool” to stop it. Padilla as well highlighted the timing of the order, suggesting it’s a desperate attempt to influence the upcoming midterm elections. “Instead of focusing on lowering the cost of energy, groceries, and health care, Donald Trump is desperately attempting to take over and rig our elections and avoid accountability in November,” Padilla said.
Attorney General Bonta echoed this sentiment, stating that Trump and Congressional Republicans “see the writing on the wall” and are attempting to make it harder for people to vote. He emphasized that California successfully blocked a previous executive order on elections and is prepared to do so again. The state’s argument will likely center on the Constitution’s provision granting states the authority to administer elections as they see fit.
Concerns Over Federal Overreach and Voter Access
The core of the legal challenge will likely focus on the extent of federal authority over elections. The executive order’s directive to the USPS to control ballot design and verification processes is seen by many as a clear overstep. Critics argue that this would effectively give the federal government a veto power over state-run elections. The requirement for states to submit voter lists to the USPS raises concerns about privacy and potential disenfranchisement, particularly for voters who may have recently moved or have discrepancies in their records.
The timing of the order also coincides with a recent Supreme Court case challenging a Mississippi law regarding the acceptance of mail-in ballots received after election day. During arguments, the court’s conservative justices signaled support for a strict election day receipt deadline, which could further restrict access to mail-in voting. This, combined with Trump’s executive order, has raised alarms among voting rights advocates.
The order’s potential impact extends beyond California. States across the country that rely heavily on mail-in voting, such as Oregon and Washington, are also likely to challenge the measure. The legal battles are expected to be protracted and could ultimately reach the Supreme Court.
The next key date to watch is the deadline for states to respond to the executive order and submit voter lists to the USPS, as outlined in the order’s provisions. Legal challenges are expected to be filed before this deadline, setting the stage for a significant showdown over the future of mail-in voting in the United States. The outcome of these legal battles will have far-reaching implications for voter access and the integrity of future elections.
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