Trump orders national voter database despite constitutional questions
President Donald Trump signed an executive order Tuesday focused on mail-in voter integrity ahead of the 2026 midterm elections. Advocates who have fought the president’s past attempts to give the federal government more control over election procedures warn that the new order isn’t likely to stand in court.
“The cheating on mail-in voting is legendary,” Trump said, even though he recently voted by mail in a special legislative election in Florida — and even though studies have failed to prove allegations of widespread irregularities.
Trump said his order will “ensure that each state’s election officials are provided with a comprehensive view of who the eligible voters in their jurisdiction actually are.”
The order creates a nationwide database of registered voters, an unprecedented move in American electoral politics. The Department of Homeland Security is to create the database using its Systematic Alien Verification for Entitlements (SAVE) program. SAVE has faced criticism in the past for producing flawed reports on whether an immigrant is legally in the country.
The verification process will be aided by the Social Security Administration.
Trump’s order also directs the Postmaster General and the U.S. Postal Service to verify that ballots are sent only to eligible voters and returned by people eligible to do so.
It orders a barcode tied to each verified voter that would be displayed on a mail-in ballot envelope. States that don’t comply with the new requirements risk federal funding, the order states.
The changes will be published in the Federal Register, followed by a period for public comment.
“They’ll probably challenge it,” Trump said moments after signing the order in the Oval Office. “I don’t see how anybody could challenge it.”
Constitutional questions
The U.S. Constitution largely grants states authority over elections, with certain exceptions that allow federal mandates to apply to federal elections. Nowhere does it give the executive branch dominion over election administration, which is managed by states and thousands of counties.
Election advocates say Trump’s order won’t pass legal muster.
“The Constitution is very clear — the president has no power over elections in the states,” David Becker, founder of the Center for Election Innovation and Research, told The Associated Press. “This will be blocked as soon as lawyers can get to the courthouse.”
SAVE Act
Trump added in his signing ceremony that he wants Congress to require voter ID and other elements of the SAVE Act.
Trump has spent weeks pushing Republicans in Congress to force through the SAVE Act, which would create a federal photo ID requirement for voting in federal elections. It would also require documentary proof of U.S. citizenship to register and would require states to submit their complete federal voter rolls against federal immigration data.
“The Democrats are unified against it,” Trump said Tuesday, adding that Republicans should terminate the filibuster to pass the SAVE Act.
Ella Rae Greene, Editor In Chief
