The Markup: Trump vows to eliminate mail ballots by executive order

We are tracking 1,701 bills prefiled or introduced this session across 50 states. Our analysis finds that 744 bills improve voter access or election administration, and 438 bills restrict voter access or election administration.

Improving Voter Access or Election Administration 

Federal judge blocks Florida citizenship requirement for voter registration assistance.

A federal judge has temporarily blocked a provision of S.B. 7050 that would prohibit noncitizens from collecting or handling voter registrations. The court held that the requirement is unconstitutional. However, the judge dismissed other challenges to the law on procedural grounds, including the requirement that organizations return voter registration applications within 10 days of completion. 

The Michigan Court of Appeals moves to protect overseas voters.

The Michigan Court of Appeals affirmed a lower court’s ruling, dismissing a GOP lawsuit that targeted the registration status of certain overseas voters. The ruling was made on procedural grounds, so these overseas voters may see additional legal challenges in the future. 

Wisconsin governor vetoes bill linking voting rights to unpaid court debt.

Gov. Tony Evers vetoed A.B. 87, a measure that would have denied voting rights to citizens with past felony convictions, even after they served their sentence, unless they paid all outstanding court-ordered fines, fees, restitution, or community service. Gov. Evers stated that the bill would have introduced unnecessary obstacles to restoring voting rights and undermined judicial discretion.

Restricting Voter Access or Election Administration

North Carolina faces a ban on digital voter IDs.

The North Carolina State Board of Elections settled a lawsuit filed by the Republican National Committee over the use of digital IDs as voter ID, such as those provided by the University of North Carolina. Under the terms of the settlement, digital voter IDs may not be used as an acceptable voter ID in an election unless specifically approved by the legislature. The North Carolina Department of Motor Vehicles is exploring the possibility of implementing digital driver’s licenses.

On Our Radar

Trump vows to eliminate mail ballots by executive order.

President Trump announced his intention to “lead a movement to get rid of” mail ballots ahead of the midterms. All 50 states and D.C. offer mail voting. Only 14 states require voters to provide a qualifying excuse to vote by mail.

Republican National Committee urges Supreme Court to decline Mississippi mail ballot deadline case.

The RNC filed a brief asking the U.S. Supreme Court to let a Fifth Circuit Court of Appeals decision stand. The decision struck down a Mississippi law that allowed election officials to count ballots postmarked by Election Day, provided they were received within five days of the election. Fifteen other states have similar laws, giving voters who mail their ballots on or before Election Day a grace period for those ballots to be received. Meanwhile, the U.S. Supreme Court agreed to hear a case concerning the mail ballot deadline in Illinois, though that case only concerns whether federal candidates have standing to challenge state regulations.  

Trump’s executive order throws some states’ voting machines into question.

President Trump’s March executive order is creating new uncertainty for election officials in several states ahead of the 2026 elections. Counties in Ohio are unsure whether they will be able to use existing voting machines. The order advises against using voting systems “in which a vote is contained within a barcode or quick-response code,” with an exception made to accommodate voters with disabilities. In West Virginia, where all counties use QR codes or barcodes, the secretary of state said the state may return to paper ballots for its primaries.

Gov. Abbott calls a second special session in Texas to enact his elections agenda.

Many democratic legislators in Texas fled the state to prevent the legislature from reaching a quorum during the first special legislative session. Gov. Abbott announced a second special session and has vowed to continue calling legislators back until they enact his agenda. Redistricting is the primary item on the agenda, but a bill that would grant the attorney general jurisdiction over election offenses also passed one chamber during the first special session.

The Trump administration continues to request a slew of sensitive state voter data.

At least 19 states have received a request to provide the U.S. Department of Justice with access to voter data, including access to voter rolls. Requests have claimed the data will help “enforce federal election laws and protect the integrity of federal elections,” but some state officials have raised serious concerns.

Federal court upholds ID number requirement for Texas mail ballots.

The Fifth Circuit issued an opinion upholding a Texas law (created by S.B. 1 in 2021) requiring mail voters to include an ID number on their applications and when returning their ballots. More than half of the states either automatically send mail ballots to voters or require basic identifying information to request a mail ballot.