Trump signs order directing creation of a national voter list, a move already facing lawsuit threats

WASHINGTON — President Donald Trump signed an executive order Tuesday to create a nationwide list of verified eligible voters and to restrict mail-in voting, a move that swiftly drew legal threats from state Democratic officials as the president demands further limitations on voting ahead of this year's midterm elections.

The order, which voting law experts say violates the Constitution by attempting to seize the power to run elections from states, is the latest in a torrent of efforts from Trump to interfere with the way Americans vote based on his false allegations of fraud.

The president has repeatedly lied about the outcome of the 2020 presidential campaign and the integrity of state-run elections, asserting again Tuesday that he won “three times” and continuing to cite accusations of voter fraud that numerous audits, investigations and courts have debunked.

The order signed Tuesday calls on the Department of Homeland Security, working in conjunction with the Social Security Administration, to make the list of eligible voters in each state. It also seeks to bar the U.S. Postal Service from sending absentee ballots to those not on each state’s approved list, although the president likely lacks the power to mandate what the Postal Service does.

Trump is also calling for ballots to have secure envelopes with unique barcodes for tracking, according to the executive order, which was first reported by the Daily Caller. States and localities that don’t comply could see their federal funding withheld, the order says.

“The cheating on mail-in voting is legendary. It's horrible what's going on,” Trump said, repeating his false allegations about mail ballots as he signed the order. “I think this will help a lot with elections.”

Within minutes of Trump signing the order, top elections officials in Oregon and Arizona, two states that rely heavily on mail ballots, pledged to sue, arguing that the president was trying to illegally encroach on the right of states to run elections.

"We don’t need decrees from Washington, D.C.,” said Tobias Read, the Democratic secretary of state in Oregon, which votes entirely by mail. “My message to the President: We’ll see you in court.”

Arizona Secretary of State Adrian Fontes said the state’s vote-by-mail system was designed by Republicans and is now used by 80% of voters and said Trump is “attempting to pick his desired list of voters in each state with the Social Security Administration’s help.”

Maine Secretary of State Shenna Bellows told The Associated Press that the order was “laughably unconstitutional” and said her state would not comply with the order. More than a quarter of Maine voters cast mail-in ballots in the 2024 election.

“The president clearly didn’t get the copy of the Constitution I sent him,” Bellows said.

Back to homepage

Subscriber Login

Keep reading with a digital access subscription.

Subscribe now

Legal experts also noted other potential flaws with the order. David Becker, a former Justice Department lawyer who leads the Center for Election Innovation and Research, noted that the Postal Service is run by a board of governors, and the president has no power to tell it what mail it can and cannot deliver.

A spokesperson for USPS said Tuesday the agency will review the order. Trump has sought to bring the independent agency under more presidential control, proposing to fold it under the Commerce Department — whose secretary, Howard Lutnick, was on hand for Tuesday’s signing.

Trump’s first election executive order in March 2025 sought sweeping changes to how elections are run across the country, including adding a documentary proof-of-citizenship requirement to the federal voter registration form and requiring mailed ballots to be received at election offices by Election Day. Much of it has been blocked through legal challenges brought by voting rights groups and Democratic state attorneys general who allege it’s an unconstitutional power grab that would disenfranchise large groups of voters.

He also said in a February interview with a conservative podcaster that he wants to “take over” elections from Democratic-run areas.

Elections in the U.S. are unique because they are not centralized. Rather than being run by the federal government, they’re conducted by election officials and volunteers in thousands of jurisdictions across the country, from tiny townships to sprawling urban counties with more voters than some states have people. The Constitution’s so-called “Elections Clause” gives Congress the power to “make or alter” election regulations, at least for federal office, but it doesn’t mention any presidential authority over election administration.

“This is Donald Trump turning the Department of Homeland Security into the department of controlling the homeland,” said Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights. She said the coalition’s members, which include dozens of civil rights groups that have filed cases against the Trump administration, were already deliberating how to respond.

The Trump administration has launched a widespread campaign it says is meant to target allegations of voter fraud that for years have been the subject of false claims from Trump and his allies. The Justice Department for months has been demanding detailed voter registration lists from states in what it has described as an effort to ensure the security of elections, and has sued when state officials have refused to hand them over.

The FBI in January seized ballots from the election office of a Georgia county that was central to right-wing conspiracy theories over Trump’s 2020 election loss. And Attorney General Pam Bondi recently named Daniel Bishop, the top federal prosecutor for the Middle District of North Carolina, as a “special attorney” with the power to investigate and prosecute cases across the country “relating to the integrity of federal elections,” according to a copy of the order.

The Department of Homeland Security’s SAVE system for verifying citizenship and immigration status has come under scrutiny from voting-rights groups for producing flawed results from unreliable data sets, as well as over privacy concerns. One example is that states can conduct bulk searches of the system with Social Security numbers, but few states collect full Social Security numbers as part of voter registration, according to the Brennan Center for Justice.

The Trump administration undertook an overhaul of the system last year, but it still faces legal challenges alleging that reliance on the system can lead to errors in identifying citizenship status and affect eligible voters.