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#Trump faces constitutional hurdles in bid to eliminate voting methods controlled by states
President Donald Trump announced Monday his intention to issue an executive order aimed at eliminating mail-in ballots and voting machines before the 2026 midterm elections, setting up potential legal battles with states over voting procedures that have traditionally been under state control.
The Presidential Promise
Trump promised Monday to work to end mail-in voting and said work is already underway on an executive order to ban it before the 2026 midterm elections, continuing his long-standing criticism of these voting methods. The president has made similar claims about election security since the 2020 presidential race.
President Trump said on Monday that that he will lead a movement to get rid of mail-in ballots, claiming, without providing evidence, that it leads to voter fraud. His announcement came during a meeting with Ukrainian President Volodymyr Zelenskyy at the White House.
On social media, Trump escalated his rhetoric, posting in all capital letters: "THE MAIL-IN BALLOT HOAX, USING VOTING MACHINES THAT ARE A COMPLETE AND TOTAL DISASTER, MUST END, NOW!!! REMEMBER, WITHOUT FAIR AND HONEST ELECTIONS, AND STRONG AND POWERFUL BORDERS, YOU DON'T HAVE EVEN A SEMBLANCE OF A COUNTRY."
Constitutional Challenges Ahead
The Constitution does not give him this power, according to constitutional experts and news analyses. The move is likely to disproportionately favor his Republican Party and spark legal challenges by some states.
Federal elections are administered at the state level, creating a fundamental constitutional obstacle to any federal executive action targeting voting methods. The Constitution's Elections Clause gives states primary authority over the "Times, Places and Manner" of holding elections, with Congress having the power to alter such regulations through legislation, not executive orders.
Legal and Political Implications
The announcement represents a significant escalation in Trump's ongoing campaign against certain voting methods. Trump has claimed there was fraud in the 2020 presidential election, despite numerous court decisions and investigations finding no evidence of widespread fraud affecting the outcome.
Trump is spreading misinformation on social media about the voting methods ahead of time, according to fact-checkers who have analyzed his recent statements about international voting practices.
Election law experts have pointed out that the president does not have the power to unilaterally rewrite election laws, and any such executive order would likely face immediate court challenges from states and voting rights organizations
State Control of Elections
The practical implementation of such an order would face massive obstacles, as election administration remains primarily a state responsibility. Many states have expanded mail-in voting access in recent years, particularly following the COVID-19 pandemic, and have integrated these systems deeply into their election infrastructure.
Several states, including those with Republican leadership, have successfully implemented mail-in voting systems and would likely resist federal interference in their election procedures. The legal precedent strongly favors state authority in this area, making any executive action of this nature constitutionally questionable.
Political Context
A move likely to disproportionately favor his Republican Party could face resistance not only from Democratic-controlled states but also from election officials across party lines who have successfully administered elections using these methods.
The timing of the announcement, coming more than a year before the 2026 midterm elections, suggests this may be part of a broader political strategy to energize the Republican base around election security issues that have been central to Trump's messaging since 2020.
Looking Forward
As this story develops, legal experts, state officials, and voting rights advocates are expected to closely monitor any concrete steps toward implementing such an executive order. The announcement has already drawn attention from election law scholars who question both the constitutional authority and practical feasibility of such federal intervention in state-administered elections. he 2026 midterm elections will serve as a crucial test of American election systems, and Trump's announced intentions ensure that voting methods will remain a contentious political issue leading up to that electoral cycle.
