Trump seeks to prohibit mail-in voting – is such action within his power?
In a recent announcement on his social media platform, Truth Social, U.S. President Donald Trump expressed his intention to sign an executive order abolishing mail-in voting and the use of voting machines for the 2026 congressional elections. However, legal experts and election officials have confirmed that the President lacks the power to issue such an order.
The U.S. Constitution grants primary authority over election administration to the states, with Congress having limited authority over federal election "times, places, and manner." The President has no special constitutional authority to ban mail-in voting.
Article I, Section 4 of the Constitution establishes that states prescribe election rules, while Congress can regulate some aspects of federal elections. Executive orders cannot override state laws governing voting procedures. States have independently adopted and maintained mail-in voting systems, with courts, including the Supreme Court, upholding their constitutionality.
Mail-in voting is an established, secure, and accessible method widely used with safeguards against fraud. Election officials note its positive impact on turnout and voter access, especially for rural, elderly, or disabled voters. Courts, including the Supreme Court, have upheld vote-by-mail systems, affirming their constitutionality.
Trump's justification for this action is based on allegations of fraud, but no evidence has been provided. Multiple studies have shown that election fraud in the U.S. is extremely rare. The absence of legally compelling evidence of election fraud, particularly with mail-in voting, further undermines the President's proposed ban.
In the U.S., the main responsibility for organising elections lies with the individual states, not the federal government. There is no central election authority at the federal level comparable to the German Federal Returning Officer. State legislatures controlled by Republicans could pass laws to ban mail-in voting, but the Republicans' control of state legislatures and a majority in the Senate does not guarantee the ability to ban mail-in voting without changing Senate rules.
Congress, with the Republicans holding 53 seats, could theoretically ban mail-in voting for federal elections, but would need to change the Senate's rules of procedure to do so, requiring a majority of 60 senators. The Democrats oppose Trump's proposal because they support mail-in voting as a means of expanding voting options.
In summary, a presidential ban on mail-in voting would be unconstitutional and require Congress or state legislatures to change existing election laws. Any attempt to impose such a ban via executive order is likely to face immediate litigation and rejection by the courts. The absence of evidence supporting allegations of widespread election fraud further undermines the President's proposed ban on mail-in voting.
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