State Officials Vow to Challenge Federal Overreach
By Michigan Capitol Staff
Michigan Secretary of State Jocelyn Benson has promised "swift action" to fight President Donald Trump's new executive order that would fundamentally reshape how Americans vote by mail, creating a nationwide list of verified eligible voters and restricting ballot delivery.
The executive order, signed on March 31 and first reported by the Daily Caller, directs the Department of Homeland Security to work with the Social Security Administration to create a master list of eligible voters in each state. It would bar the U.S. Postal Service from sending absentee ballots to voters not on these approved lists and requires secure envelopes with unique barcodes for tracking purposes.
The order carries potential consequences: federal funding could be withheld from states and localities that don't comply.
Benson Calls Order "Illegal on Its Face"
In a statement released late Tuesday, Benson called the executive order "illegal on its face" and said she would "take swift action to fight this illegal order in court."
"States run elections, not the president," Benson said. "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, a Democrat running for governor in 2026, emphasized that the order attempts to seize states' constitutional authority to run elections. The U.S. Constitution grants states the power to set the "Times, Place and Manner" of federal elections, and while Congress can enact changes, the president cannot direct election administration.
State Leaders Unite Against Federal Overreach
Michigan Governor Gretchen Whitmer also criticized Trump's order in a joint statement released by the Democratic Governors Association alongside Kentucky Governor Andy Beshear, who serves as the association's chair.
"Republicans are poised to lose a whole bunch of races this November — and that's why he's fighting at every turn to make it harder for Americans to cast their ballots," Whitmer and Beshear wrote.
"The 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 statement added.
Attorney General Dana Nessel also released a statement opposing the order, noting she would be open to pursuing legal action against it, as her office has done in the past against similar executive orders.
"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.
Experts Question the Order's Legal Basis
Legal experts have raised numerous concerns about the executive order's constitutional and practical implications.
David Becker, a former Justice Department lawyer who leads the Center for Election Innovation and Research, noted that the Postal Service is run by a board of governors, not the president. "The president has no power to tell it what mail it can and cannot deliver," Becker said.
A spokesperson for the U.S. Postal Service confirmed that the agency will review the order.
The White House has attempted to bring the independent agency under more presidential control, proposing to fold it under the Commerce Department. Howard Lutnick, the Commerce Secretary, was present at Tuesday's signing of the executive order.
Mail Voting Remains Popular in Michigan
Voting by mail is deeply entrenched in Michigan, where voters approved a ballot measure in 2018 that made no-reason absentee voting a guaranteed right in the state Constitution. 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. The state's high mail voting participation has drawn scrutiny from federal officials, with the Justice Department requesting copies of Michigan's voter rolls and other information.
Under Benson, Michigan has refused to turn over its full voter rolls with the federal government, arguing that sharing personally identifying information like Social Security numbers would violate state and federal laws.
A federal judge dismissed a lawsuit seeking to force Michigan to turn over the data, but the Department of Justice has appealed. Experts suggest the case may be the first to reach the U.S. Supreme Court.
Trump's History of Election Interference
The new executive order represents the latest in a series of efforts by Trump to interfere with elections based on his false allegations of fraud. Trump's March 2025 election executive order sought sweeping changes, including adding documentary proof-of-citizenship requirements to federal voter registration forms 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.
Trump has repeatedly and falsely claimed he won the 2020 presidential election, including Michigan's contest, which he lost by 154,188 votes. He again asserted Tuesday that he won "three times."
Trump also told a conservative podcaster in February that he wants to "take over" elections from Democratic-run areas, including Detroit, Michigan's largest city.
The Broader Legal Challenge
Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, criticized the order as part of a broader pattern. "This is Donald Trump turning the Department of Homeland Security into the department of controlling the homeland," she said.
The Trump administration has launched a widespread campaign it says targets allegations of voter fraud, but voting rights groups argue it's based on false claims.
The Justice Department has for months been demanding detailed voter registration lists from states, describing the effort as ensuring election security. When state officials have refused to hand over data, the Department has sued.
Flaws in Current Verification Systems
The Department of Homeland Security's SAVE system for verifying citizenship and immigration status has faced scrutiny for producing flawed results from unreliable data sets and privacy concerns.
One example is that states can conduct bulk searches of the system with Social Security numbers, but few states collect full Social Security numbers as part of voter registration. The Brennan Center for Justice has raised concerns about this limitation.
The Trump administration undertook an overhaul of the SAVE system last year, but it still faces legal challenges from civil rights organizations.
What's at Stake
The legal battle over Trump's new executive order could have significant implications for the 2026 midterm elections and beyond. Michigan's election laws are among the most voter-friendly in the country, and Benson has been vocal about protecting voting access.
The case also raises broader questions about presidential power and state sovereignty in election administration. If successful, the order would fundamentally alter how mail-in voting works across the United States, potentially making it more difficult for millions of Americans to cast their ballots.
As Benson and other state officials prepare to challenge the order in court, the fight over election administration continues to intensify, with legal experts suggesting this may be just the beginning of a protracted legal battle that could reach the nation's highest court.