Trump signs executive order limiting mail-in ballots; California leaders say they’ll fight
President Trump signed an executive order Tuesday purporting to place new federal controls on voting by mail in states such as California, repeating his long-held but unsubstantiated claim that mail-in ballots are a source of widespread fraud in U.S. elections.
California leaders immediately responded with promises to fight the order in court. They said mail ballots are a safe and secure method for voting relied on by millions of Californians, that Trumpβs order infringes on the stateβs constitutional right to administer elections as it sees fit, and that it amounts to an βillegal power grabβ ahead of midterm elections in which his party is poised to suffer substantial losses.
The order directs the United States Postal Service to take control of mail balloting by designing new envelopes with special bar codes that will allow the federal government to ensure that such ballots go out only to eligible voters, and that only eligible voters return such ballots.
It requires states to submit to the USPS process if they plan to use the federal mail system for sending or receiving ballots, and to submit to the USPS lists of eligible voters in advance of such ballots passing through the mail system.
It also requires the Department of Homeland Security, U.S. Citizenship and Immigration Services, and the Social Security Administration to βcompile and transmit to the chief election official of each State a list of individuals confirmed to be United States citizens who will be above the age of 18 at the time of an upcoming Federal election and who maintain a residence in the subject State.β
Those lists will be drawn from federal citizenship and naturalization records, Social Security records and βother relevant Federal databases,β and the USPS will be barred from transmitting ballots that do not match those lists, the order says.
βSecure ballot envelope identifiers provide a reliable, auditable mechanism to enforce Federal law without unduly burdening or infringing on the rights of eligible voters,β the order reads. βUnique ballot envelope identifiers, such as bar codes, enable confirmation that only citizens receive and cast ballots, reducing the risk of fraud and protecting the integrity of Federal elections.β
Trump β who recently voted by mail himself in Florida β framed the order as a solution to βmassive cheatingβ in U.S. elections currently, which he did not back up with evidence.
βThe cheating on mail-in voting is legendary. Itβs horrible whatβs going on,β Trump said.
βHeβs going to make sure that mail-in ballots are safe, secure and accurate,β said Commerce Secretary Howard Lutnick, who appeared alongside Trump and whose agency the order requires to be involved in the coordination of the new voting measures.
California officials blasted the president for attacking and undermining election integrity, rather than shoring it up, and said they would fight the order from taking effect.
βPresident Trumpβs Executive Order marks a dangerous and unprecedented escalation in his ongoing attacks on our elections. The power to regulate elections belongs to the States and to Congress β he has no role to play. We blocked his previous Executive Order on elections in court, and we are prepared to stop him again,β said California Atty. Gen. Rob Bonta.
βThe reality is that President Trump and Congressional Republicans see the writing on the wall β that they are likely to lose in the upcoming midterms β and they are pushing to make it harder for people to vote,β Bonta added. βWe wonβt stand idly by.β
Sen. Alex Padilla (D-Calif.), in a statement to The Times, said Trumpβs actions were βa clear and present threat to our democracy,β that he will βuse every tool I can to stop him,β and that he expects βimmediate legal challenges in order to protect our free and fair elections.β
βInstead 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. This executive order is a blatant, unconstitutional abuse of power,β said Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.
βThe President and the Department of Homeland Security have no authority to commandeer federal elections or direct the independent Postal Service to undermine mail and absentee voting that nearly 50 million Americans relied on in 2024,β he said. βA decade of lies about election fraud does not change the Constitution.β
βIn the middle of an unauthorized war abroad and an escalating authoritarian crackdown by ICE here at home, Trump is attempting another illegal power grab,β Padilla said.
βWeβre challenging it,β Gov. Gavin Newsom posted to X, above a video of Trump announcing the order. βSee you in court.β
A vast majority of Californians vote by mail. In the stateβs 2025 special election on Proposition 50, the stateβs mid-decade redistricting measure, nearly 89% of votes were cast by mail, according to California Secretary of State Shirley Weberβs office β or nearly 10.3 million out of about 11.6 million votes cast.
Trump has long criticized mail-in ballots β without evidence β as a source of fraud and a factor in his losing the 2020 election to President Biden, which he still contends was illegitimate.
Election experts, voting rights advocates, local elections officials and other California leaders have all dismissed those claims as unfounded and inaccurate. They have also been preparing for Trump to act to curtail such voting.
Padilla previously warned colleagues that he would force a vote on any effort by Trump to declare a national emergency in order to seize control of this yearβs midterm elections from the states, forcing them to either co-sign on the power grab or resist it.
Critics of mail ballots have also been actively working to end or curtail the practice. Just last week, the U.S. Supreme Court heard arguments in a case in which the Republican Party challenged a Mississippi law that allows ballots to be accepted and counted if they arrive up to five days after election day.
During those arguments, the courtβs six conservatives sounded ready to rule that federal law requires ballots to be received by election day in order to be counted as legal.
Weber, Californiaβs top elections official, has warned that attacks on mail-in voting risk undermining a system the state has spent years building around universal mail voting.
Trumpβs executive order is the latest front in a years-long campaign he has led attacking the integrity of U.S. elections β which has contributed to a steep decline in voter trust in U.S. elections.
On Tuesday, Trump said his order was drafted by βgreat legal minds,β and will survive any legal challenges unless βrogueβ judges rule against it inappropriately. βWe want to have honest voting in our country,β he said.
Rick Hasen, an election law expert and director of the Safeguarding Democracy Project at UCLA Law, argued otherwise in a post Tuesday, noting that an earlier executive order purporting to place new federal controls on elections was blocked in court, and βthis one is likely to fare no better.β
βTo put this in plain terms: the order would use the USPS, which is not under the direct control of the President, to interfere with a stateβs lawful transmission of ballots. If the state does not comply with these rules, federal law would purport to interfere with a stateβs conduct of its own elections,β Hasen wrote. βThe President does not have the authority to do this.β