What is on the table
In March 2025, President Donald Trump signed an executive order directing federal agencies to build a national list of eligible voters and to tighten rules surrounding mail-in ballots. The order has prompted lawsuits from civil rights groups and several states. A federal judge declined to block the order, ruling that plaintiffs had not shown immediate harm before the 2026 midterm elections. The litigation is ongoing.
How common is mail voting?
Mail voting is a mainstream method of casting a ballot. According to the U.S. Election Assistance Commission, about 30 percent of ballots cast in the 2024 general election were returned by mail. Use varies widely by state: some, such as Oregon, Washington, and Colorado, conduct elections almost entirely by mail, while others limit mail voting to voters who provide an excuse such as illness, travel, or military service.
The case for restrictions
Supporters of tighter mail-voting rules argue that in-person voting with photo identification is more secure and easier to audit. They point to concerns about ballot harvesting — the practice of third parties collecting and delivering completed ballots — and to inaccuracies in voter rolls that can leave outdated registrations on the books. Proponents say uniform national standards would build public confidence in election results and reduce variation between states.
The case against restrictions
Opponents argue that mail voting expands access for rural voters who live far from polling places, elderly voters, voters with disabilities, military personnel, and shift workers. They cite studies and state audits finding documented mail-ballot fraud rates below 0.001 percent. Critics of the executive order also warn that new federal documentation requirements could disenfranchise eligible voters who lack ready access to underlying records such as passports or birth certificates.
Who controls election rules?
The Constitution sets up a shared system. Article I, Section 4 — the Elections Clause — gives state legislatures primary authority to set the "Times, Places and Manner" of congressional elections, but it also says Congress "may at any time by Law make or alter such Regulations," except as to the places of choosing senators. Courts have generally upheld broad congressional authority over federal elections, while presidential authority to set election rules by executive order is more contested and is at the center of the current litigation.
What a voter is being asked
The survey question asks whether the federal government should restrict mail-in voting nationwide. A "yes" reflects support for uniform federal limits on how, when, or by whom mail ballots can be cast and returned. A "no" reflects a preference for leaving mail-voting rules to the states, or for keeping current access intact. Reasonable people disagree on where the balance between ballot access and ballot security should sit.