President Donald Trump, stymied in all efforts to pass a voting restrictions bill through the Senate, announced an executive order on Tuesday attempting to crack down on mail-in voting by executive fiat. The order, among other things, imposes mandates on states for how to send out and process ballots, directs states to share information on mail-in voters with the administration, and directs the Postal Service to monitor who is voting by mail.
Many of the provisions seem to be theater, experts noted — but the order still triggered immediate alarm, and threats of legal action.
"This is a massive and unconstitutional voter suppression effort aimed at giving Trump the power to create a list of who is allowed to vote by mail," wrote voting rights attorney Marc Elias. "We know where this will go -- the targeting of Democrats for mass disenfranchisement. We will sue and we will win."
"It will be challenged because it is an unconstitutional use of authority the President doesn't have over who can vote by mail," wrote attorney and former Pennsylvania Rep. Conor Lamb. "If [Homeland Security Secretary Markwayne] Mullin valued his oath he would refuse to enforce this order or step down. But he is an election denier and will enforce it happily."
"Article 1, Section 4 gives state legislatures — not the President — the power to choose the manner of voting," wrote attorney Patrick Jaicomo.
"The president has zero power to make any changes to mail-in voting so I expect this to be another nothing-burger," wrote American Immigration Institute senior fellow Aaron Reichlin-Melnick.
"The stuff in this already happens...?" wrote former Maricopa County Recorder Stephen Richer. "Daily Caller: 'create a list of verified U.S. citizens who are eligible to vote in each state...' Me: Depending on how we define 'verify,' this is the statewide voter list of every state. Daily Caller: 'The presidential action will also require that the U.S. Postal Service (USPS) only send absentee ballots to those on each state’s approved mail-in ballot list.' Me: This is how every state does it. Some states simply put everyone on their mail-in ballot list. Daily Caller: 'Ballots will now have specific secure envelopes, with unique barcodes for tracking, the order mandates.' Me: I'm pretty sure the vast majority of jurisdictions allow ballot tracking."
"After Trump cast vote by mail this month," wrote foreign policy commentator Laura Rozen.
"I can’t decide which part of this is most concerning," wrote Rep. Seth Moulton (D-MA). "That Trump’s empowered to sign executive orders about whatever he wants. That he wants to disenfranchise senior citizens, people with disabilities, college students, troops, and all other Americans who rely on mail-in voting. That he thinks the federal government has jurisdiction over state-run elections. That Trump literally voted by mail last week. Or that he wants to have a record of all American voters, period."
"Good luck with this in a court by the man who just voted by mail. Let's roll," wrote lawyer Tracey Gallagher.
