By Aaron Navarro
Updated on: March 31, 2026 / 7:21 PM EDT / CBS News
President Trump signed an executive order Tuesday that directs states to tighten mail-in voting procedures and instructs his administration to compile federally prepared lists of confirmed U.S. citizens eligible to vote in each state.
The order, issued without new legislation from Congress, is expected to draw immediate legal challenges. Its effect on ongoing primary elections in many states is unclear. Speaking in the Oval Office before signing, Trump repeated his long-held claims about mail-in voting, saying, “The cheating on mail-in voting is legendary.” He also said requirements such as photo ID and proof of citizenship could be addressed at a later date.
Under the directive, the newly confirmed Secretary of Homeland Security, Markwayne Mullin, is ordered to produce statewide lists of citizens eligible to vote using Social Security Administration data, a White House official told CBS News. The order also says the U.S. Postal Service may send absentee ballots only to names on each state’s federally approved mail-in ballot list and that ballots must be mailed with one envelope per ballot. The White House warned that states that fail to comply could face loss of federal funding.
The executive order does not spell out remedies for voters who are mistakenly excluded from the federally prepared lists. The Daily Caller first reported an outline of the order.
Trump has been urging Congress to pass the SAVE Act, which would require proof of citizenship for voter registration; he and his allies contend such measures would prevent noncitizens from registering. Voting by noncitizens is already illegal and documented incidents are rare; the Heritage Foundation, which supports stricter rules, has said there have been roughly 100 verified cases of noncitizen voting since 2000.
Legal experts say the president’s effort to alter mail-in voting rules without congressional action is likely unconstitutional. The Constitution gives states primary authority over the conduct of elections, and while Congress has some regulatory power, the president has limited authority to unilaterally impose rules on state-run elections.
Democratic officials and voting-rights lawyers pledged to challenge the order in court. Prominent election attorney Marc Elias posted on X that if the president signs what they view as an unconstitutional order to assert federal control over voting, they will sue. Arizona Secretary of State Adrian Fontes called the move “nothing more than a push to weaponize the sensitive personal information of voters” and said his state would fight the directive in court.
The action comes as the Justice Department and Homeland Security finalize plans that would allow federal use of sensitive voter registration data for immigration and criminal investigations, according to sources. The DOJ’s efforts to obtain voter-roll data have already sparked litigation in multiple states; in September the department filed suits against officials in California, Michigan, Minnesota, New York, New Hampshire and Pennsylvania for not turning over statewide voter registration rolls, alleging noncompliance with federal law.
Sarah N. Lynch contributed to this report.