WASHINGTON ,D.C. – After the President signed an executive order to reshape mail-in voting, Michigan, New York, Pennsylvania and several other states recently filed lawsuits challenging the President’s executive order. President Donald Trump claims there’s fraud in mail in voting, despite a lack of evidence of widespread voter fraud. Election experts said the President lacks the authority to change election laws.
“Election policy should not depend on the person who sits behind the Resolute Desk,” said David Becker, executive director and founder of the Center for Election Innovation and Research (CEIR). CEIR is a nonprofit that works with election officials and build confidence in elections. Becker said the President’s latest executive order on mail-in voting is unconstitutional.
“It orders DHS to create a national voters list using federal sources only,” said Becker. “It orders the postal service to work with DHS and the states and enforce a requirement that only those who are on that national voter list receive mail ballots from any state.” Becker adds it also threatens prosecution of election officials and deny states funding if they don’t comply.
“It’s clearly unconstitutional,” said Becker. “The President doesn’t get to create a national voter list without congressional authorization. The President doesn’t tell the states who they can deliver mail to and the President can’t tell the postal service who to deliver mail to and who not to deliver mail to.”
Election expert said it’s a significant escalation in attempts to consolidate election authority ahead of the midterms.
“The cheating on mail-in voting is legendary,” the President said in late March when he signed the executive order. “It’s horrible what’s going on.”
Becker said at least five lawsuits have been filed since the order was signed. In one lawsuit filed by several states, they argue the order violates Article One, Section 4 of the constitution, which gives state legislatures to set the times, places and manner of holding federal elections ;And gives congress the power to create law or alter these regulations.
As these lawsuits work their way through the court, Becker believes the President’s executive order won’t impact our upcoming primary elections.
“It does not have the effective law, courts will block it,” said Becker. “Multiple courts are going to block it and it’s likely designed not to change election policy and if the President were serious about that then he would be trying to persuade congress to pass a bill because they’re the ones with authority here.”
