Trump Seizes Federal Control Over Mail-In Ballots — Experts Say He Lacks the Authority

On March 31, 2026, Trump signed an executive order attempting to seize federal control over mail-in voting ahead of the 2026 midterm elections. The order:

• Directs DHS and the Social Security Administration to create lists of all adult U.S. citizens residing in each state using federal databases
• Instructs the U.S. Postal Service to send mail ballots only to voters on these "verified" lists
• Directs the AG to prioritize prosecution of election officials who distribute ballots to "ineligible voters"
• Threatens to withhold federal funds from states that don't comply

The constitutional problem is fundamental: the power to run elections belongs to the states, not the federal executive branch. Election law experts said immediately that "the Constitution doesn't give DHS any power over elections."

The practical problems are equally severe:

• Federal databases are notoriously inaccurate for tracking where people live — people move, names change, records lag
• The timeline makes implementation "virtually impossible" before November's elections
• States like Oregon, Washington, Colorado, Hawaii, and Utah conduct all elections by mail — the order would effectively disenfranchise their entire electorate if enforced
• Threatening election officials with prosecution for doing their jobs creates a chilling effect on democracy itself

The ACLU condemned the order and pledged immediate legal action. Democratic state officials — including secretaries of state and attorneys general — announced they would sue to block it.

The timing is telling: the order came as polls showed 43% of voters less likely to support Republicans in 2026 midterms over the Iran war, and 59% disapproving of the strikes. When you're losing the voters, try to control the voting.