(States Newsroom) — President Donald Trump signed a sweeping executive order on Tuesday that attempts to restrict mail-in voting, a White House priority certain to face significant legal challenges.
The order directs the U.S. Department of Homeland Security along with the Social Security Administration to compile a list of voting-age American citizens in each state and share it with state election officials. The order also requires the U.S. Postal Service to only send and receive ballots that include tracking barcodes.
Trump’s order represents a major escalation in his effort to assert presidential control over elections, which under the U.S. Constitution are administered by the states. Trump last year attempted to unilaterally impose a proof of citizenship requirement to vote in federal elections in an executive order that was blocked in federal court.
The move also reflects a long-held focus by Trump and his allies on noncitizen voters. Studies have shown noncitizen voting is extremely rare.
“I think this will help a lot with 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 invited states to run their voter rolls through SAVE, which flags voters as potential noncitizens. Some election officials criticize the system, saying it wrongly identifies U.S. citizens as possibly ineligible.
The U.S. Department of Justice as recently as last week denied any efforts to create a national voter registration list. While the executive order does not explicitly mandate the creation of a voter list, it essentially marks an effort by the White House to create a national database of adult U.S. citizens.
The order requires Homeland Security to enable states to routinely supplement or suggest 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 ahead of elections.
Under the executive order, the postmaster general must propose rules to require all outbound ballot mail to be sent in an envelope that includes a barcode for tracking. The order also requires that states must inform the U.S. Postal Service at least 90 days before federal elections whether they intend to allow ballots to be sent through the mail.
“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,” U.S. Sen. Alex Padilla, a California Democrat, 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 would require individuals to produce documents, such as a passport or birth certificate, proving their citizenship in order to register to vote. The U.S. Senate is debating the bill, but it appears unlikely to have enough support to overcome a filibuster.
Trump has repeatedly asked Republicans to add three provisions to the bill, including restrictions on mail-in voting, with exceptions for members of the military, people who are ill and those on vacation.
The president has also previously promised to advance voting restrictions, with or without Congress. Earlier this month, Trump voted by mail in Florida.
The executive order directs the Justice Department and other federal agencies to withhold federal funds from non-compliant states and localities “where such withholding is authorized by law.”
Tuesday’s order is certain to face legal challenges. The Constitution gives Congress — not the president by executive order — the power to override state election regulations.
Marc Elias, a prominent voting rights litigator, promised to fight the executive order.
“If Trump signs an unconstitutional Executive Order to take over voting, we will sue,” Elias wrote on social media. “I don’t bluff and I usually win.”
Republican National Committee Chairman Joe Grunters praised the order, saying Trump was restoring voter confidence. “Protecting America’s ballot box isn’t optional – it’s the foundation of our republic,” Grunters said.
DOJ lawsuits against states
The Justice Department has sued 29 states and the District of Columbia for copies of their voter rolls that contain sensitive personal information on voters, such as driver’s licenses and partial Social Security numbers. About a dozen states have voluntarily provided the data, but most are fighting the demands in court.
Three federal judges have so far ruled against the Justice Department. The administration is appealing and in court documents has argued that swift court decisions are necessary to ensure the security and fairness of the midterms.
The Trump administration has said the data is necessary to verify only citizens are registered to vote. Last week, a Justice Department lawyer 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 U.S. Department of Justice Voting Section attorney, wrote on social media about the Trump order.
“It’s clearly unconstitutional, will be blocked immediately, and the only thing it will accomplish is to make liberal lawyers wealthier. He might as well sign an EO banning gravity.”
Jennifer Shutt contributed to this report.
