But the order is likely to run up against multiple legal challenges given that the U.S. constitution expressly gives the power to run elections to the states, with some authority delegated to Congress.
Trump’s order requires the Department of Homeland Security — which is carrying out the president’s mass deportation push — to create a list of U.S. citizens who are eligible to vote. DHS would be expected to rely on information provided by the Social Security Administration, according to the Daily Caller, which first reported the Trump administration’s plans.
The U.S. Postal Service would then use that database to send absentee ballots to voters identified as eligible for mail-in voting, according to a White House fact sheet. The ballots would be mailed in envelopes with special codes only to voters enrolled in state-specific absentee ballot programs.
Furthermore, the order directs the attorney general to “prioritize the investigation and prosecution” of election entities or individuals that distribute mail-in ballots to voters deemed ineligible. It also directs the federal government to withhold funding from states and localities that refuse to comply with the order.
Foreshadowing the clash ahead, shortly after Trump signed the “Ensuring Citizenship Verification and Integrity in Federal Elections” order, election officials in Oregon and Arizona pledged to legally challenge the directive, The Associated Press reported.
Election experts immediately pointed out that the president has little authority to implement the executive order.
“Some may freak out about this, but honestly, this is hilarious. It’s clearly unconstitutional, will be blocked immediately, and the only thing it will accomplish is to make liberal lawyers wealthier. He might as well sign an EO banning gravity,” said David Becker, executive director of the nonpartisan Center for Election Innovation & Research.
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