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Analysis: Trump’s Executive Order Threat To Mail-In Voting Undercuts States’ Rights

Analysis: Trump’s Executive Order Threat To Mail-In Voting Undercuts States’ Rights

President Donald Trump’s vow to sign an executive order eliminating mail-in ballots and voting machines is unlikely to stand, but it highlights a broader theme of his second term: a willingness to sideline states’ rights in favor of sweeping federal—and personal—authority.

In posts promoting the idea, Trump wrote that states are merely an “agent” of the federal government for counting votes and “must” do what the president tells them “for the good of our country.” Constitutional experts point out that the Elections Clause assigns the rules for “Times, Places and Manner” of elections to state legislatures, with Congress empowered to “make or alter” those regulations. The Constitution provides no role for the president in setting state election procedures.

The comments are the latest in a series of expansive power claims. Trump has previously characterized his authority in absolute terms and floated ignoring parts of the Constitution. His administration has also pushed federal directives that collide with state prerogatives—from voter ID mandates and pressure on sanctuary policies to new Medicaid work requirements—drawing court challenges and criticism from both parties.

On elections, Trump and allies have repeatedly sought tighter rules aligned with his unfounded claims of widespread fraud, proposing citizenship documentation requirements and now the elimination of mail voting and voting machines. Analysts say such moves would face immediate legal challenges and likely fail on constitutional grounds, but they underscore the administration’s continued effort to centralize control over how elections are run.

Credit: CNN Newsource

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By: CNN Newsource

August 18, 2025

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Analysis: Trump’s Executive Order Threat To Mail-In Voting Undercuts States’ Rights