Democrats and voter groups are preparing lawsuits against Trump’s “unconstitutional” mail-in voting order

Democrats and other opponents of President Donald Trump’s executive order restricting mail-in voting prepared to challenge the directive on Wednesday, signaling the start of another fight between states and the White House over the election.

The orderElection experts said the law, which would create a national list of eligible American citizens to vote and direct the U.S. Postal Service to restrict mail-in ballots, represents an extraordinary and illegal attempt by Trump to interfere in the electoral process.

“The executive order is unconstitutional and I think it is very likely that it will be repealed,” Colorado Secretary of State Jena Griswold, a Democrat, said in an interview. She said her state would join the legal challenge to the order.

Several Democratic election officials made similar statements. Arizona Secretary of State Adrian Fontes said he would meet the federal government in court, while Nevada Secretary of State Francisco Aguilar said, “We look forward to our day in court to challenge this illegal action.” Maine Secretary of State Shenna Bellows said her state “will not obey in advance” because states, not Trump, have jurisdiction over the election.

Interest groups also promised lawsuits. The Campaign Legal Center said it would challenge the order with its partners, the Democracy Defenders Fund, the League of United Latin American Citizens and other organizations.

“We are currently preparing the lawsuit,” the Campaign Legal Center said on social media delayed Tuesday.

In Nebraska, Republican Secretary of State Bob Evnen downplayed the possibility of immediate changes to his state’s elections and praised Trump for prioritizing election integrity. Nebraska will hold a primary election on May 12th.

“In the coming months, we will continue to monitor and engage with how implementation of the Executive Order may impact the November 3 general election,” Evnen said Nebraska Examiner.

Tens of millions of Americans vote by mail in federal elections, highlighting the risk of major restrictions on mail voting. According to the U.S. Election Assistance Commission, about 30% of voters cast mail-in ballots in 2024.

Another electoral challenge

Opponents of Trump’s election-related moves have a good track record in court.

Trump’s first election executive order, issued just over a year ago, attempted to require voters to prove their citizenship. As Congress debates the SAVE America Act, which would implement similar requirements, federal courts found that the president overstepped his authority when he tried to unilaterally impose changes.

Nearly 30 states are also fighting lawsuits from the U.S. Department of Justice that seek to force them to turn over copies of voter rolls that contain sensitive personal information about voters. So far, three federal judges have ruled against the Trump administration.

Government administration of elections is a fundamental feature of American democracy and is enshrined in the U.S. Constitution. States run and regulate elections, but Congress—not the president alone—can override states and set national standards.

Fundamentally, critics of Trump’s executive order argue that it tramples on state authority and bypasses Congress.

“Once again, the President is trying to act beyond his authority and take control of our elections. Now he is trying to use the United States Postal Service as a weapon against voters. We will not stand for that,” U.S. Rep. Bennie Thompson of Mississippi, the ranking Democrat on the House Homeland Security Committee, said in a statement.

“This will help a lot”

Trump called the executive order a necessary step to support election integrity as he signed it during a news conference Oval Office event on Tuesday. He acknowledged there would likely be legal challenges but called it “foolproof.”

Trump, who has long called the 2020 election stolen, falsely claimed that the election was marked by significant voter fraud and said the order was aimed at “stopping the massive fraud that is underway.” In fact, it is extremely uncommon for non-citizens to vote.

“I think this will help a lot in elections,” Trump said.

The order requires the Department of Homeland Security, with the lend a hand of the Social Security Administration, to compile a list of voting-age U.S. citizens living in each state and then make that information available to state officials at least 60 days before each federal election. The order does not tell states how to exploit the data, but directs U.S. Attorney General Pam Bondi to prioritize investigations into state and local officials who issue federal ballots to ineligible voters.

According to the order, the list of citizens will be drawn up from naturalization and social security documents. Data from SAVE will also be included, a powerful computer program Administered by Homeland Security, it verifies citizenship by matching names to information in federal databases.

The Trump administration has encouraged states to run their voter rolls through SAVE to identify potential non-citizens, but some election officials say that falsely labels Americans as non-citizens. Several voting rights and civic groups have sued over Texas’ exploit of SAVE.

The Ministry of Justice confirmed last week that it will share the voter data it receives with Homeland Security. At the same time, Justice Department lawyers insisted in court that the Trump administration is not creating a national voter registration list.

“And yet here is an executive order that blatantly and explicitly directs DHS to create this national voter database,” David Becker, executive director of the nonpartisan Center for Election Innovation & Research, told reporters Wednesday.

Involvement of the Postal Service questioned

The order directs Postmaster General David Steiner, who was appointed to the role by the USPS Board of Governors last year, to require that every outgoing mail-in ballot in an envelope be marked with a tracking barcode.

At least 90 days before a federal election, states must notify the U.S. Postal Service whether they intend to allow ballots to be sent by mail. States would then be required to provide the USPS with a list of voters who plan to vote by mail at least 60 days before the election.

“What the president is doing today is ensuring that mail-in ballots are secure and accurate,” U.S. Commerce Secretary Howard Lutnick told reporters on Tuesday.

Trump’s attempt to involve the USPS in election administration contradicts the agency’s own policies. When the Postal Service updated its rules last year, it noted that it does not set rules or deadlines for elections or determine how the mail is used for elections.

USPS spokeswoman Cathy Purcell said the agency is reviewing the executive order.

The order is a “structural reversal” of how mail-in voting works, said Pamela Smith, president and CEO of Verified Voting, an organization that promotes the responsible exploit of technology in elections. USPS delivers mail and is not involved in distributing ballots, she said.

“It’s not up to the postal service to take on this gatekeeper role in ballot delivery,” Smith said.

Under the order, the Justice Department and other federal agencies would be directed to withhold federal funds from states and localities that do not comply with federal law. It does not specify what federal funds would potentially be targeted or whether states could lose election-related dollars.

Each year, states receive a minimal federal grant for election security from the Election Assistance Commission. In the 2025 financial year the EAC distributed A total of $15 million that can be used for voting system upgrades, cybersecurity, training and other needs.

“Even if it did happen,” Smith said, “I don’t think it would have much weight as a stick.”