States have accused the president of overreach in response to a directive to tighten mail-in voting rules
Democrats have filed a lawsuit seeking to block US President Donald Trump’s latest executive order restricting mail-in voting, arguing that the Constitution gives states and Congress – not the president – the authority to decide voter eligibility for mail ballots.
Trump on Tuesday signed an executive order to create a nationwide list of verified eligible voters and restrict mail-in voting. The measure directs federal agencies to compile state-by-state voter rolls and requires the US Postal Service to send ballots only to those included. It also instructs the Department of Homeland Security to build databases of US citizens eligible to vote in each state.
The move has triggered swift backlash, with critics framing the order as both a legal overreach and a continuation of Trump’s long-running attacks on voting by mail, a method widely used by Americans.
“President Trump has repeatedly tried to rewrite election rules for partisan advantage,” the lawsuit said.
Top election officials in Oregon and Arizona said they would sue within minutes of Trump’s signing the order, arguing it represents a major federal overreach on states’ authority over elections.
“We don’t need decrees from Washington, D.C.,” Oregon Secretary of State Tobias Read said. “We’ll see you in court.”
California Governor Gavin Newsom’s office said the state would also move swiftly to challenge the measure, adding: “The President wants to limit which Americans can participate in our democracy. California will see him in court.”
The lawsuit opens a second round of legal fights over the president’s authority to influence election rules. Trump’s opponents prevailed in an earlier case last year, persuading multiple federal judges to block his initial executive order on grounds that it was likely unconstitutional.
Mail-in voting in the US dates back to the 1860s. Several states, including Oregon, Washington and Colorado, now conduct elections almost entirely by mail, while others widely offer no-excuse absentee voting.
Trump has repeatedly targeted the system since 2020, claiming widespread fraud. Earlier this year, he claimed that America’s elections are “rigged”, “stolen” and a global “laughingstock.” Trump’s executive order comes ahead of the November 2026 midterm elections, which will determine whether the Republicans retain control of Congress.
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