Can the President Really Ban Mail Voting or Election Equipment?
The idea of banning mail voting and meddling with voting equipment is the latest narrative to further sow distrust in our elections. Here we discuss what power the office of the president really has on mandating how elections are run.
The Issue
President Trump has announced that he will issue an executive order to halt mail voting and interfere with voting equipment. Can he do that? And is it a good idea? The answers are firmly “no” and “no”.
The Facts
The president doesn’t control voting methods. States do.
- This EO should be understood more as an announcement of his feelings, not an authoritative legal document.
- Why? Because the president has a limited role in elections. Broadly speaking, the Constitution splits authority for election laws between Congress and the individual states. The president and executive branch don’t get a mention. Like with other executive orders he’s issued on voting, any attempt to strong-arm states into doing what he wants will almost certainly be litigated.
Mail voting is a secure, efficient method of voting used by voters of all ideological backgrounds.
- The history of mail voting reflects a bipartisan — and often Republican-led — commitment to providing voters with cost-effective, efficient, and user-friendly government solutions. Mail voting is used by red and blue states and voters of all ideological backgrounds.
- From tamper-evident envelopes to ballot tracking and signature verification, mail voting includes multiple safeguards. Ballots are stored securely and handled under strict chain-of-custody rules, sent only to registered voters whose identities are confirmed through state and federal databases.
Election equipment is safe, secure, and thoroughly tested at every stage of the process.
- Voting and tabulation machines aren’t connected to the internet, making remote tampering virtually impossible.
- Equipment is locked, sealed, and monitored at all times, with strict chain-of-custody protocols documenting every handoff and post-election audits verifying results. Voter-verified paper ballots provide a reliable backup, and all machines undergo rigorous testing by bipartisan teams both before and after elections.
Bottom Line
President Trump can use an executive order to announce an interest in blocking mail voting or eliminating election equipment. But he can’t legally do so, and it isn’t good policy.
To speak to a member of our policy team, contact Neal Ubriani at neal@responsivegov.org or Sarah Gonski at sgonski@responsivegov.org.