Who runs U.S. elections?
Article I, Section 4 of the Constitution — known as the Elections Clause — gives states the power to set the 'times, places and manner' of federal elections. The same clause permits Congress to 'make or alter' those regulations. That shared authority is the legal backdrop for nearly every modern fight over voting rules, including mail-in ballots.
How mail-in voting grew
Mail voting has been used in the United States since the Civil War, but its scale has shifted dramatically. According to the U.S. Election Assistance Commission, about 21% of voters cast ballots by mail in 2016. By the 2020 general election, that figure rose to roughly 43%, driven largely by pandemic-era expansions in many states. Rules still vary widely: some states mail ballots to every registered voter, while others require an excuse to vote absentee.
What the 2025 executive order does
In March 2025, President Trump signed an executive order directing federal agencies to take steps toward creating a national list of eligible voters and tightening rules around mail-in ballots. The order seeks more uniform standards across states, including in areas such as voter eligibility verification and ballot handling deadlines.
The court challenge
Several plaintiffs sued to block the order. A federal judge declined to halt it, finding the plaintiffs had not shown immediate harm ahead of the 2026 midterms, according to Associated Press reporting. The ruling did not resolve the broader constitutional question of whether the executive branch can direct such changes on its own, and litigation is ongoing.
The case for national rules
Supporters argue that uniform federal standards can deter fraud, simplify enforcement, and shore up public confidence in election results. They point to surveys showing persistent voter concerns about mail ballot security and argue a single nationwide framework — including identity verification and a centralized voter list — would reduce inconsistencies between states.
The case against
Opponents argue the order encroaches on state authority laid out in the Elections Clause and is being imposed by executive action rather than legislation passed by Congress. They warn that stricter mail-ballot requirements could disenfranchise eligible voters — particularly older, rural, military, and disabled voters who rely on mail voting — and note that documented mail-ballot fraud has historically been rare.
What to weigh as a voter
The core questions are constitutional and practical. Should election rules be set primarily by states, by Congress, or by the executive branch? And does standardization do more to protect ballots or to limit access? Your view on the survey question likely depends on how you balance those competing values.