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Trump’s Executive Overreach Targets Voting Rights

Trump threatens executive order to eliminate mail-in ballots and voting machines nationwide, directly violating constitutional authority reserved to states.

Donald Trump has announced plans for yet another executive order—this time eliminating mail-in ballots and electronic voting machines across the country. The proposed action represents a flagrant violation of the Constitution and a transparent attempt to suppress voter access ahead of potentially damaging midterm elections.

Article I, Section 4 of the Constitution explicitly states: “The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof.” The only exception allows Congress—not the President—to make or alter such regulations through legislation, not executive orders. Trump’s proposal completely ignores this constitutional framework that has governed American elections since the founding.

The Supreme Court reinforced this principle in Bush v. Gore (2000), where justices deferred to Florida’s state election laws during the contentious recount. Following that election, the bipartisan Help America Vote Act of 2002 further cemented states’ authority while modernizing voting processes and enhancing voter access. Trump’s order would reverse decades of carefully crafted election law designed to make voting more accessible, not less.

This assault on voting rights isn’t really about election security—it’s about making voting harder for specific populations that tend to vote Democratic. Mail-in ballots and extended voting periods historically benefit working-class voters juggling multiple jobs, elderly citizens with mobility issues, people with disabilities, and those without reliable transportation to polling places. The long lines that snake around city blocks on election day disproportionately impact these communities.

The historical context reveals the partisan motivation. Republicans once enthusiastically supported absentee ballots when they primarily benefited affluent voters who might be traveling during elections—think business executives on golf outings who couldn’t make it to the polls. But as mail-in voting expanded to include working families and underserved communities, suddenly it became a “threat to election integrity.”

The technological argument is particularly absurd in 2025. Americans routinely buy homes, cars, and manage complex financial portfolios online with robust security measures. We handle the most sensitive personal and financial data electronically every day. Yet Trump claims we somehow cannot securely cast ballots using modern technology that has been successfully implemented across numerous states for years.

Despite extensive investigations, audits, recounts, and court challenges following the 2020 election, no evidence of widespread voter fraud involving mail-in ballots has been discovered. The claims remain unsubstantiated conspiracy theories that have been thoroughly debunked by election officials from both parties, federal agencies, and dozens of court decisions. States that conduct elections primarily by mail, like Oregon, have demonstrated for decades that these systems work effectively and securely.

The timing of this announcement reveals the true motivation. This executive order threat appears to be part of a coordinated strategy anticipating significant Republican losses in upcoming midterm elections. Combined with aggressive redistricting efforts in deep red states like Texas, these actions represent a systematic attempt to maintain power through manipulation of the democratic process rather than winning votes through popular appeal.

From a constitutional law perspective, this executive order will almost certainly be struck down by federal courts as executive overreach that violates the separation of powers and federalism principles. The legal precedent is clear, the constitutional text is unambiguous, and the Supreme Court has already ruled on state authority over election administration. When courts inevitably block this order, we can expect the familiar playbook of complaints about “activist judges” and “rigged systems”—the standard response when constitutional guardrails prevent authoritarian actions.

The international implications cannot be ignored. America has long served as a global beacon of democratic values and free elections, promoting democracy worldwide. These blatant attempts to restrict voting rights severely damage our credibility on the international stage and provide authoritarian regimes with effective talking points against American democracy promotion efforts. How can we criticize election manipulation abroad while engaging in voter suppression at home?

The real danger isn’t whether this specific executive order will succeed—constitutional law makes clear it cannot. The genuine threat lies in how these ongoing, systematic attacks on democratic norms and voting rights gradually erode public confidence in our electoral system and constitutional protections. When political leaders continuously claim elections are “rigged” or “stolen” without evidence, while simultaneously working to restrict voting access, they undermine the very foundation of democratic governance.

The pattern is becoming clear: those who shout loudest about elections being “stolen” are often the ones actively working to manipulate future elections through legal and procedural changes. This represents more than just bad policy—it’s a fundamental assault on the principle that every eligible American citizen should have equal access to the ballot box, regardless of their economic status, work schedule, or physical abilities.