Monday, August 18, 2025

Presidential Authority Over Mail-In Voting

Can a President End Mail-In Voting by Executive Order?

Constitutional Reality

Under the U.S. Constitution (Article I, Section 4), states hold primary authority to set election procedures, including voting methods. Congress may override state rules, but the president has no direct constitutional role.

"The President has no power constitutionally to dictate to states" - Richard Pildes, NYU Law Professor

Legal and Practical Barriers

Judicial Precedents

Trump's 2025 executive order attempting similar restrictions was partially blocked by courts for constitutional overreach. Courts consistently rule election administration is a state power, subject only to congressional regulation.

Implementation Challenges

Eliminating mail-in voting would require:

  • States to rewrite laws
  • Securing funding for in-person infrastructure
  • Retraining election staff

A process considered impossible to complete before the 2026 midterms.

Constitutional Authority Comparison

Branch/Level Authority Over Elections Limitations
States Set "times, places, and manner" of elections Subject to congressional regulation
Congress Can override state election rules Requires legislative process
President No direct constitutional authority Executive orders can be invalidated by courts

Debunked Premises

  • False claim: U.S. is "only country" using mail-in voting (over 30 countries permit it)
  • No evidence of fraud: Studies show mail-voting fraud is "vanishingly rare"
  • Trump himself encouraged mail voting in 2024

Key Takeaway

A presidential executive order attempting to end mail-in voting lacks constitutional legitimacy and would be struck down by courts. Only Congress or state legislatures could end mail-in voting. Legal experts universally dismiss such executive action as:

  • Constitutional overreach
  • Political "bluster"
  • An effort to "destabilize" elections

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Presidential Authority Over Mail-In Voting Can a President End Mail-In Voting by Executive Order? ...