Lawsuits expected after Trump orders creation of national voter list, mail-in voting crackdown

Lawsuits expected after Trump orders creation of national voter list, mail-in voting crackdown

This story originally appeared in Common Dreams on Mar. 31, 2026. It is shared here under a Creative Commons (CC BY-NC-ND 3.0) license.

Just days after the GOP-controlled Senate skipped town once they failed to send a voter suppression bill to President Donald Trump’s desk, the Republican on Tuesday signed an executive order to create a nationwide list of US voters and crack down on voting by mail—which is how he voted in Florida’s most recent election.

The order, Ensuring Citizenship Verification and Integrity in Federal Elections, was first reported by the Daily Caller, a right-wing outlet. It requires the secretary of homeland security to establish a “citizenship list” of verified eligible voters in each state, using Social Security Administration records and other federal databases.

Trump—who has repeatedly spread lies about election fraud, including his unfounded claim that Democrats stole the 2020 election from him, which led to his supporters storming the Capitol on January 6, 2021—also directed the postmaster general to craft rules for absentee ballots sent through the US Postal Service.

Legal experts expect the order will be swiftly challenged in court as unconstitutional. David Becker, a former US Department of Justice lawyer who now leads the Center for Election Innovation and Research, told Democracy Docket that “it’s obvious the president didn’t learn anything from his first failed executive order.”

“This is unconstitutional on its face. The Constitution clearly gives the president no power over elections,” he said. “I expect that this will be blocked by multiple federal courts in a very short period of time and have no legal effect whatsoever.”

Becker also noted that “after the Department of Justice has been telling courts they’re not creating a national voter list, this appears to confirm exactly what courts were concerned about.”

Marc Elias, founder of Democracy

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