Trump Mail-In Ballot Order Sets Up Battle With States

President Donald Trump’s latest executive order on federal elections has set the stage for battles with Democrat state leaders.

On Tuesday, Trump signed an executive order to regulate the use of mail-in ballots in federal elections.

The order requires the Department of Homeland Security to provide states with a list of citizens who are eligible to vote in the next election.

Additionally, it includes requirements for “secure ballot envelopes” and institutes a new rule blocking the U.S. Postal Service from transmitting ballots from individuals not on a state-specific mail-in and absentee voter list.

It also orders the attorney general to investigate the distribution of “Federal ballots to ineligible voters” and empowers agencies to cut off federal funds to noncompliant states.

Democrat state leaders and their allies sounded off against the order.

“If Trump signs an unconstitutional Executive Order to take over voting, we will sue,” Marc Elias, a Democrat-aligned lawyer, wrote on X shortly before the order was signed. “I don’t bluff and I usually win.”

Elias has already succeeded in blocking the Trump administration’s attempts to shape election policy. In March 2025, Trump signed an executive order intended to effectively enforce federal citizenship checks for voter registration. Elias Law Group, on behalf of the Democratic National Committee and other groups, challenged the order, and a federal judge issued a permanent injunction against it in January.

Democrat Gov. Josh Shapiro of Pennsylvania similarly criticized the order, which he pledged to challenge.

“President Trump can sign whatever the hell he wants to, but it won’t change the Constitution,” Shapiro wrote Tuesday on X.

“The authority to set our election rules belongs to the states — and as Governor, I will protect your right to vote. That includes your right to vote by mail.”

The Constitution holds that state legislatures determine the “Times, Places and Manner of holding Elections for Senators and Representatives.”

“We’re challenging it. See you in court,” wrote California Gov. Gavin Newsom on X in response to the executive order.

California Attorney General Rob Bonta stated that the state is “prepared to stop” Trump’s order.

Colorado Secretary of State Jena Griswold said in a statement, “We look forward to this unconstitutional overreach being stopped in court.”