Trump signs order directing creation of a national voter list, a move sure to face legal challenges

WASHINGTON (AP) — President Donald Trump on Tuesday signed an executive order to create a nationwide list of verified eligible voters, a move that is sure to draw legal challenges as the president continues to demand further restrictions on voting ahead of this year’s midterm elections.

The order calls on the Department of Homeland Security, working in conjunction with the Social Security Administration, to make the list of eligible voters in each state, according to the White House. It also seeks to bar the U.S. Postal Service from sending absentee ballots to those not on each state’s approved list, although the president likely lacks the power to mandate what the Postal Service does.

Trump is also calling for ballots to have secure envelopes with unique barcodes for tracking, according to the executive order, which was first reported by the Daily Caller.

“The cheating on mail-in voting is legendary. It’s horrible what’s going on,” Trump said, repeating his false allegations about mail ballots as he signed the order. “I think this will help a lot with elections.”

Tuesday’s order is expected to prompt legal challenges as he continues trying to interfere with state-run elections.

Trump’s first election executive order in March 2025 sought sweeping changes to how elections are run across the country, including adding a documentary proof-of-citizenship requirement to the federal voter registration form and requiring mailed ballots to be received at election offices by Election Day. Much of it has been blocked through legal challenges brought by voting rights groups and Democratic state attorneys general who allege it’s an unconstitutional power grab that would disenfranchise large groups of voters.

He also said in a February interview with a conservative podcaster that he wants to “take over” elections from Democratic-run areas, citing fraud allegations that numerous audits, investigations and courts have debunked.

Tuesday’s voting order shows he hasn’t learned from his previous, blocked efforts to assert control over elections, said David Becker, a former Justice Department lawyer who leads the Center for Election Innovation and Research.

“The Constitution is very clear — the president has no power over elections in the states,” Becker said. “This will be blocked as soon as lawyers can get to the courthouse.”

Becker also added that the U.S. Postal Service is run by a board of governors, and the president has no power to tell it what mail it can and cannot deliver.

“If Trump signs an unconstitutional Executive Order to take over voting, we will sue,” Marc Elias, a voting rights litigator and founder of Democracy Docket, said in a social media post. “I don’t bluff and I usually win.”

Elections in the U.S. are unique because they are not centralized. Rather than being run by the federal government, they’re conducted by election officials and volunteers in thousands of jurisdictions across the country, from tiny townships to sprawling urban counties with more voters than some states have people. The Constitution’s so-called “Elections Clause” gives Congress the power to “make or alter” election regulations, at least for federal office, but it doesn’t mention any presidential authority over election administration.

The Trump administration has launched a widespread campaign it says is meant to target allegations of voter fraud that for years have been the subject of false claims from Trump and his allies. The Justice Department for months has been demanding detailed voter registration lists from states in what it has described as an effort to ensure the security of elections, and has sued when state officials have refused to hand them over.

The FBI in January seized ballots from the election office of a Georgia county that has been central to right-wing conspiracy theories over Trump’s 2020 election loss. And Attorney General Pam Bondi recently named Daniel Bishop, the top federal prosecutor for the Middle District of North Carolina, as a “special attorney” with the power to investigate and prosecute cases across the country “relating to the integrity of federal elections,” according to a copy of the order.

The Department of Homeland Security’s SAVE system for verifying citizenship and immigration status has come under scrutiny from voting-rights groups for producing flawed results from unreliable data sets, as well as over privacy concerns. One example is that states can conduct bulk searches of the system with Social Security numbers, but few states collect full Social Security numbers as part of voter registration, according to the Brennan Center for Justice. The Trump administration undertook an overhaul of the system last year, but it still faces legal challenges alleging that reliance on the system can lead to errors in identifying citizenship status and affect eligible voters.

The president is a vocal critic of mail-in voting, alleging that the practice is rife with fraud as he pushes lawmakers to pass a far-reaching elections bill that would clamp down on it. Trump’s accusations of widespread fraud are unfounded; a 2025 report by the Brookings Institution found that mail voting fraud occurred in only 0.000043% of total mail ballots cast, or about four cases per 10 million mail ballots.

Trump himself has also used mail ballots, most recently last week in local Florida elections. The White House has said that Trump is opposed to universal mail-in voting, rather than individual voters who may need the alternative voting method for reasons such as travel or military deployment.

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Swenson reported from New York. Associated Press writers Alanna Durkin Richer in Washington and Julie Carr Smyth in Columbus, Ohio, contributed to this report.

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