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Trump’s Executive Order on Mail Voting Is Plainly Unconstitutional

11 0
01.04.2026

Last week, President Donald Trump did what roughly one in three American voters have done in recent elections: He voted by mail.

But while Trump personally used that method to cast his vote in a Florida special election, he also signed an executive order Tuesday night aimed at dramatically tightening restrictions on mail voting for everybody else. Experts and state election officials say the order is plainly unconstitutional and will face court challenges.

“We’ll see the president in court,” says Maine Secretary of State Shenna Bellows, who is coordinating with her counterparts in other states on a legal response to the executive order.

Nevada Secretary of State Cisco Aguilar, who serves as the chair of the Democratic Association of Secretaries of State, tells Mother Jones he expects a lawsuit will be filed in “days.”

“The Constitution is very clear, in plain language, that the state has the responsibility to run elections,” Aguilar adds.

Aguilar is referring to Article 1, Section 4, Clause 1 of the Constitution—often called the Elections Clause. “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof,” the 238-year-old document reads. Congress, the Constitution says, can also contribute to election procedure by passing laws.

But Trump’s new executive order, titled “Ensuring Citizenship Verification and Integrity in Federal........

© Mother Jones