Press Release: New Elections EO Likely Unconstitutional & Hinders State Election Authority

CHICAGO — This afternoon, President Trump signed an executive order, which is both unconstitutional and another rushed one-size fits all policy that undermines the ability of states to run secure and fair elections. The order directs DHS to create a list of eligible voters pulling from federal databases; it also forces over-extended postal employees to spend less time delivering critical mail – like Social Security checks – and instead forces them to become ballot envelope experts, duplicating work state election administrators already conduct.

Responsive Gov has prepared a full analysis of the EO.

“States already administer elections by tracking ballots and ensuring that each ballot is matched to its eligible voter. Mail voting, as always, remains a secure, trusted, and popular way for eligible voters across the political aisle to civically participate,” said Sam Oliker-Friedland, Chief Executive Officer of the Institute for Responsive Government. “This executive order only accomplishes three things: It creates confusion about election administration as we head into the midterms, strips precious resources away from USPS, and it sends a clear signal to state policymakers regarding what they should prioritize.”

Responsive Gov has previously flagged implementation issues around utilizing a single, federally run database, such as the SAVE system, to verify citizenship citing gaps in records and unreliable accuracy.

The Institute for Responsive Government has previously noted the president cannot unilaterally change mail-in balloting procedures and mail ballots are fundamentally secure. As such, we anticipate that the executive order will face immediate litigation challenges.

To speak further about mail voting and what the president can and cannot do regarding elections, please contact dan@responsivegov.org.