An absentee ballot box is seen at a polling station in Arlington, Virginia, on November 4, 2025. (Photo by Alex Wong/Getty Images)
President Donald Trump signed a sweeping executive order on Tuesday that seeks to restrict mail-in voting, a White House priority that is sure to face significant legal challenges.
The order Directs the U.S. Department of Homeland Security, together with the Social Security Administration, to compile a list of eligible American citizens to vote in each state and submit it to state election officials. The order also requires the U.S. Postal Service to only send and receive ballots that contain tracking barcodes.
Trump’s order represents a significant escalation in his efforts to assert presidential control over elections, which are administered by states under the U.S. Constitution. Last year, Trump attempted to unilaterally impose proof of citizenship to vote in federal elections in an executive order that was blocked by the federal court.
The move also reflects Trump and his allies’ longstanding focus on non-citizen voters. Studies have shown that non-citizen voting is extremely uncommon.
“I think this will help a lot in elections,” Trump said.
National database of adult citizens
Homeland Security operates the SAVE system, a powerful computer program that can verify citizenship.
DHS has previously asked states to manage their voter rolls through SAVE, which flags voters as potential non-citizens. Some election officials criticize the system, saying it incorrectly identifies U.S. citizens as potentially ineligible to vote.
Just last week, the U.S. Department of Justice denied any effort to create a national voter registration list. While the executive order does not explicitly require the creation of a voter list, it essentially represents an attempt by the White House to create a national database of adult U.S. citizens.
The order requires Homeland Security to allow states to routinely add to or propose changes to each state’s citizenship list. Federal officials would also be required to allow individuals to access their own records and update or correct them before elections.
The executive order requires the postmaster general to propose rules that require all outgoing ballots to be mailed in an envelope that contains a barcode for tracking. The order also requires states to notify the U.S. Postal Service at least 90 days before the federal election whether they intend to allow ballots to be sent by mail.
“Instead of focusing on reducing energy, food and health care costs, Donald Trump is desperately trying to rig our elections and evade accountability in November,” U.S. Sen. Alex Padilla, a Democrat from California, said in a statement shortly after Trump announced the order. “This executive order is a blatant, unconstitutional abuse of power.”
SAVE America Act
Trump has pushed Congress to pass the SAVE America Act, which requires individuals to provide documents such as a passport or birth certificate proving their citizenship to register as a voter. The US Senate debated the bill, but it seems unlikely there will be enough support to overcome a filibuster.
Trump has Republicans kept asking Add three provisions to the bill, including restrictions on absentee voting, with exceptions for military personnel, infirmed people and vacationers.
The president has also previously promised to move forward with voting restrictions with or without Congress. earlier this month Trump voted by mail in Florida.
The executive order directs the Department of Justice and other federal agencies to withhold federal funds from noncompliant states and localities “where such withholding is permitted by law.”
Tuesday’s order is certain to face legal challenges. The Constitution gives Congress—not the president via executive order—the power to override state election regulations.
Marc Elias, a prominent voting rights attorney, vowed to fight the executive order.
“If Trump signs an unconstitutional executive order to take over the vote, we will sue,” Elias wrote on social media. “I don’t bluff and I usually win.”
Joe Gruters, chairman of the Republican National Committee, praised the order and said Trump was restoring voter confidence. “Protecting the American ballot box is not an option – it is the foundation of our republic,” Grunters said.
DOJ lawsuits against states
The Justice Department has sued 29 states and the District of Columbia over copies of their voter rolls, which contain sensitive personal information about voters, such as driver’s licenses and some Social Security numbers. About a dozen states have voluntarily provided the data, but most are fighting the demands in court.
So far, three federal judges have ruled against the Justice Department. The administration is appealing and has argued so in court documents quick court decisions are necessary to ensure the security and fairness of the midterm elections.
The Trump administration said the data was necessary to verify that only citizens were registered to vote. Last week, a Justice Department attorney confirmed in court that voter data would be shared with Homeland Security.
“Some may freak out about this, but honestly this is hilarious,” David Becker, executive director of the nonpartisan Center for Election Innovation & Research and a former attorney for the U.S. Department of Justice’s election division, wrote on social media about the Trump order.
“It’s clearly unconstitutional, will be blocked immediately, and the only thing it will do is make liberal lawyers richer. He might as well sign an EO banning gravity.”
Jennifer Shutt contributed to this report.
