On August 18, 2023, U.S. President Donald Trump announced his intention to issue an executive order aimed at abolishing the use of mail-in ballots and voting machines in preparation for the upcoming 2026 midterm elections. This potential policy shift is widely viewed as a strategic maneuver that could significantly benefit the Republican Party. However, the implementation of such an order raises questions regarding its constitutional validity, as federal elections are primarily managed at the state level.
While Trump’s announcement has sparked considerable debate, legal experts have pointed out that the president may lack the authority to dictate how states conduct their elections. Richard Pildes, a law professor at New York University, emphasized that the U.S. Constitution grants states the responsibility for administering federal elections, thus limiting the president's power in this regard. Legal challenges from various states are anticipated as they seek to uphold their established election protocols.
Trump's pledge to eliminate mail-in voting aligns with a broader strategy to recalibrate the electoral landscape to his party's advantage. Historically, Democratic voters have shown a greater propensity to utilize mail-in ballots compared to their Republican counterparts. By advocating for this change, Trump aims to bolster the Republican chances in the midterms, especially in key states.
In addition to his comments about mail-in ballots, Trump has urged Republican leaders in states such as Texas and Indiana to consider redistricting efforts that may enhance Republican electoral prospects. The upcoming elections on November 3, 2026, will serve as a crucial referendum on Trump's policies since his return to power in January.
In a recent social media post, Trump stated, “I am going to lead a movement to get rid of MAIL-IN BALLOTS, and also, while we're at it, Highly 'Inaccurate,' Very Expensive, and Seriously Controversial VOTING MACHINES.” He has consistently cast doubt on the reliability of mail-in ballots, despite studies showing that instances of voter fraud are exceedingly rare. Trump's longstanding criticism has extended to electronic voting machines, advocating instead for traditional paper ballots and hand-counting methods, which many election officials argue are less efficient and accurate.
In his social media communications, Trump claimed that states act merely as agents of the federal government in vote counting and should comply with the president's directives. However, legal scholars contend that this interpretation is flawed, reiterating that states have the autonomy to determine their voting processes. The president's power does not extend to regulating how states conduct elections, according to constitutional norms.
Trump's remarks come on the heels of a meeting with Russian President Vladimir Putin, after which Trump claimed Putin supported his stance against mail-in balloting. Interestingly, certain Republican-led states, such as Florida, have adopted mail-in voting as a secure method to enhance voter participation. Notably, Trump himself utilized mail-in ballots in previous elections and encouraged his supporters to do the same in the upcoming 2024 presidential election.
The prevalence of mail-in ballots surged during the 2020 elections, largely driven by the COVID-19 pandemic, but saw a decline in the 2024 elections, as reported by the U.S. Election Assistance Commission. Approximately 70% of voters in 2024 chose to cast their ballots in person, while around 30% opted for mail-in voting. Every state currently offers some form of absentee or mail-in ballot option, as noted by the National Conference of State Legislatures.
As the debate surrounding mail-in ballots and voting machines unfolds, the implications for the 2026 midterm elections remain to be seen. The coming months will be critical as legal battles and political strategies develop in response to Trump’s proposed executive order.
