Edith Hejberg
Constitutional scholars argue that only Congress has the authority to regulate how states conduct federal elections, not the president.
President Donald Trump has announced plans to issue an executive order that would ban mail-in voting and the use of voting machines ahead of the 2026 midterm elections.
The move would mark a major shift in how Americans vote and is expected to benefit Republicans. However, legal experts say the president may not have the authority to enforce such changes at the state level.
States May Resist Federal Interference
Elections in the U.S. are administered by individual states, not the federal government. That means Trump’s proposed executive order could face swift legal challenges.
Constitutional scholars argue that only Congress has the authority to regulate how states conduct federal elections, not the president.
Disproportionate Impact on Democrats
Mail-in ballots have historically been more popular among Democratic voters. Trump’s plan to eliminate them could reduce turnout in key Democratic-leaning areas.
Critics argue the effort is designed to tilt the playing field ahead of the 2026 midterms in favor of Republicans.
Trump Calls Voting Machines ‘Inaccurate’ and ‘Controversial’
In a social media post, Trump criticized voting machines, calling them “Highly ‘Inaccurate,’ Very Expensive, and Seriously Controversial.”
He said his executive order would target both mail-in voting and electronic voting machines, pushing for a return to paper ballots and manual vote counts.
Push for GOP Support
Speaking later at the White House, Trump said the Republican Party must back the initiative if it hopes to maintain control of Congress.
He added that the executive order was already being drafted and called it a critical step to “retain power.”
False Claims Revisited
Trump continues to promote the baseless claim that the 2020 election was stolen from him, despite a lack of evidence and numerous court rulings rejecting those assertions.
His new push to change election procedures echoes those earlier unproven narratives.
Experts Say Paper Ballots Aren’t a Simple Fix
Although Trump champions hand-counting paper ballots, election officials warn the process is labor-intensive, expensive, and prone to human error.
Voting machines, they argue, remain more efficient and accurate for large-scale elections.
A Questionable Legal Foundation
Trump wrote that states are merely “agents” of the federal government in counting votes and must follow presidential directives.
However, constitutional experts, including NYU law professor Richard Pildes, say that’s simply not true. “The President has no power constitutionally to dictate to states,” Pildes said.
Conflicting Republican Views
Despite Trump’s stance, some Republican-led states like Florida have successfully used mail-in voting to boost participation.
Trump himself has voted by mail in past elections and even encouraged his supporters to do so in 2024, undercutting his current position.
Mail-In Voting Remains Popular Nationwide
While mail-in voting spiked in 2020 during the pandemic, it remained a significant part of the 2024 election. About 30% of voters cast their ballots by mail.
All 50 states still offer some form of mail-in or absentee voting, according to the National Conference of State Legislatures.
