Lawsuits Expected After Trump Orders Creation of National Voter List, Mail-In Voting Crackdown

Just days after the GOP-controlled Senate skipped town once they failed to send a voter suppression bill to President Donald Trump's desk, the Republican on Tuesday signed an executive order to create a nationwide list of US voters and crack down on voting by mail—which is how he voted in Florida's most recent election.

The order, Ensuring Citizenship Verification and Integrity in Federal Elections, was first reported by the Daily Caller, a right-wing outlet. It requires the secretary of Homeland Security to establish a "citizenship list" of verified eligible voters in each state, using Social Security Administration records and other federal databases.

Trump—who has repeatedly spread lies about election fraud, including his unfounded claim that Democrats stole the 2020 election from him, which led to his supporters storming the Capitol on January 6, 2021—also directed the postmaster general to craft rules for absentee ballots sent through the US Postal Service.

Legal experts expect the order will be swiftly challenged in court as unconstitutional. David Becker, a former US Department of Justice lawyer who now leads the Center for Election Innovation and Research, told Democracy Docket that "it's obvious the president didn't learn anything from his first failed executive order."

"This is unconstitutional on its face. The Constitution clearly gives the president no power over elections," he said. "I expect that this will be blocked by multiple federal courts in a very short period of time and have no legal effect whatsoever."

Becker also noted that "after the Department of Justice has been telling courts they're not creating a national voter list, this appears to confirm exactly what courts were concerned about."

Marc Elias, founder of Democracy Docket and a longtime election lawyer for Democrats, similarly said that "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."

"We know where this will go—the targeting of Democrats for mass disenfranchisement," he added. "We will sue and we will win."

US Senate Minority Leader Chuck Schumer (D-NY) shared a message for the administration on social media: "See you in court. You will lose."

Sen. Alex Padilla (D-Calif.), ranking member of the Senate Committee on Rules and Administration and California's former secretary of state, said in a statement that "instead of focusing on lowering the cost of energy, groceries, and healthcare, Donald Trump is desperately attempting to take over and rig our elections and avoid accountability in November."

The order was issued just over seven months away from the midterm elections that could hand control of Congress back to the Democrats—which could, in term, lead to a historic third impeachment for Trump.

"This executive order is a blatant, unconstitutional abuse of power," Padilla declared. "The president and the Department of Homeland Security have no authority to commandeer federal elections or direct the independent Postal Service to undermine mail and absentee voting that nearly 50 million Americans relied on in 2024. A decade of lies about election fraud does not change the Constitution."

"Make no mistake: Trump's attacks on our elections are a clear and present threat to our democracy. In the middle of an unauthorized war abroad and an escalating authoritarian crackdown by ICE here at home, Trump is attempting another illegal power grab," he added, referring to Immigration and Customs Enforcement. "I will use every tool I can to stop him, and I expect immediate legal challenges in order to protect our free and fair elections."

After signing the order, Trump signaled that he, too, expects a court battle. While holding up the order, he said that "I don't know how it can be challenged," but critics will "probably challenge it" and "find a rogue judge."

There are "a lot of rogue judges. Very bad, bad people. Very bad judges," he added. "But that's the only way that can be changed, and hopefully we'll win on appeal if it is. But I don't see how anybody can challenge it."

Trump signed the order after unsuccessfully trying to convince the GOP-controlled Senate to pass the SAVE America Act—already approved by Republicans in the House of Representatives—before the current recess.

The bill would require US voters to provide proof of citizenship when registering to vote and to show photo identification to participate in federal elections. Trump has been pushing for amendments to restrict mail-in voting as well as more attacks on transgender Americans.

While Trump and other supporters of the bill have claimed it is needed to stop noncitizens from voting, that is already illegal and, according to research, incredibly rare. Critics warn that the SAVE America Act would disenfranchise eligible voters who don't have access to citizenship documents, including people who have lost paperwork, can't afford replacements, or have changed their names.