Michigan's State Leaders Fight Back Against Federal Overreach on Voting

LANSING, Mich. — As the 2026 midterm elections approach, Michigan's top state officials are escalating their legal battle against a new federal executive order that seeks to fundamentally reshape how Americans vote.

On Tuesday, President Donald Trump signed an executive order directing the Department of Homeland Security, working with the Social Security Administration, to compile a list of eligible voters in each state. The order would require the U.S. Postal Service to send mail-in ballots only to voters enrolled on state-specific participation lists, with unique barcodes for tracking purposes. It also threatens to withhold federal funding from states that don't comply.

Michigan Secretary of State Jocelyn Benson, a Democrat who is also running for governor, called the order "illegal on its face."

"This order will only make it harder for eligible Michigan citizens to vote and will create chaos at every step of the election process," Benson said in a statement released late Tuesday. "By ordering the DOJ to target state and local election officials, this administration is coming after hardworking local public servants for doing their jobs safeguarding democracy."

Benson promised "swift action" to challenge the order in court, asserting that the Constitution is clear: states run elections, not the president.

Michigan Joins the Coalition of States Fighting Trump's Order

Michigan is among more than two dozen states that have criticized Trump's executive order. The order represents the latest escalation in what voting rights advocates describe as a federal campaign to undermine state election administration based on false allegations of widespread fraud.

Michigan Attorney General Dana Nessel, also a Democrat, echoed Benson's legal challenge. "This power is not the president's to give. The constitution is clear: The president cannot direct or control our state voting laws, and no scribble of his sharpie can give him the authority that he so desperately seeks," Nessel said.

She added that her office would pursue legal action against the executive order, as it has in the past against similar orders.

Governor Gretchen Whitmer joined Democratic governors from across the country in condemning the order. In a joint statement with Kentucky Governor Andy Beshear, chair of the Democratic Governors Association, Whitmer said: "Democratic governors will always stand up to protect our states and the fundamental right to vote — especially in the face of these ongoing attacks and dangerous federal overreach."

The Constitutional Debate

The executive order raises significant constitutional questions. The U.S. Constitution grants states authority over the "Times, Places and Manner" of federal elections, with Congress able to enact changes. There is no clear presidential authority to direct state election administration.

Election law experts agree the order is likely unconstitutional. Rick Hasen, an election law expert at UCLA, wrote that the order is "virtually impossible to implement in time for November's elections" and "highly unlikely any of this could be implemented for 2026, even if it were not blocked by courts."

David Becker, executive director of the nonpartisan Center for Election Innovation & Research, told reporters that the order is clearly unconstitutional. "Some may freak out about this, but honestly, this is hilarious," Becker said. "He might as well sign an EO banning gravity."

The Postal Service, an independent agency, is reviewing the order. A USPS spokesperson said the agency will assess its implications.

Trump's Claims of Mail-In Voting Fraud

The order comes as Trump has repeatedly and falsely claimed that mail-in voting is rife with fraud. According to research from the Brookings Institution published last November, mail voting fraud accounted for 0.000043% of all mail ballots cast — approximately four out of every 10 million ballots.

Trump himself has used mail ballots, including most recently to cast his vote in special elections in Florida earlier this month. The White House has indicated Trump opposes universal mail-in voting rather than individual voters who may need the alternative for reasons such as travel, military deployment, or disability.

Michigan's Voting Context

In Michigan, voting by mail is a popular option. More than 2.2 million Michiganders cast absentee ballots in the 2024 election. In 14 Michigan counties, more people voted by mail than on Election Day.

Michigan voters approved a ballot measure in 2018 making no-reason absentee voting a guaranteed right in the state Constitution. The measure was supported by both major political parties and is viewed by many as a safeguard for election integrity and voter participation.

The SAVE America Act Stalls

Trump's executive order comes as he pressures Republicans in Congress to pass the SAVE America Act, a sweeping election overhaul that would impose new voter identification and documentation requirements. That bill is stalled in the Senate due to Democratic opposition and the legislative filibuster.

The House, led by Republicans, passed the measure earlier this year, but it faces an uphill battle in the Senate where Democrats hold the majority.

Legal Challenges Already Underway

The Trump administration's efforts to interfere with state elections have already faced legal challenges. In 2025, Trump signed an executive order that sought sweeping changes to election administration, including adding documentary proof-of-citizenship requirements and requiring mailed ballots to be received at election offices by Election Day.

Much of that order has been blocked through legal challenges brought by voting rights groups and Democratic state attorneys general who allege it's an unconstitutional power grab that would disenfranchise large groups of voters.

The Justice Department has asked Michigan for copies of voter rolls and other information, claiming it needs the data to enforce states' voter list maintenance. Federal judges in three states have dismissed the Justice Department's lawsuits in those states.

What's Next

As Michigan officials prepare their legal challenge, the state's election officials say they remain committed to running safe and secure elections. The state already has robust safeguards in place, including secure voter registration systems and rigorous ballot verification processes.

"This order will only make it harder for eligible Michigan citizens to vote and will create chaos at every step of the election process," Benson said. "It is meant to sow fear, confusion, and doubt among voters."

The legal challenge is expected to proceed in state or federal court, with arguments likely focused on the constitutional division of authority between federal and state governments in election administration.

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