No, the president can’t ban mail voting

For many years, President Trump has made false allegations regarding the integrity of mail voting. These claims were central to his attempts to overturn the 2020 election, and have persisted without evidence. More recently, he has threatened to end mail voting completely by means of “executive order.”

Would banning mail voting be legal?

No, the president does not have any legal authority over the administration of mail voting for three main reasons:

The U.S. Constitution delegates the power over federal elections to states, not the president

From the U.S. Constitution (Art. II, § 1, cl. 1):

“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof . . .”

Throughout our history, states have used this right to prescribe all manner of election-related policies; all are subject to judicial (but not presidential) review.

Nationwide changes to mail voting could only be passed by Congress

The Elections Clause continues:

“. . . but the Congress may at any time by Law make or alter such Regulations”

Congress has exercised this power multiple times, almost always with broad bipartisan support, including to pass the Voting Rights Act (1965), the National Voter Registration Act (1993), and the Help America Vote Act (2002). It also passed the Uniformed and Overseas Citizens Absentee Voting Act (1986), which established critical protections for mail voting in federal elections applicable to deployed U.S. military personnel and others without any other means of voting. Such laws often “pre-empt” (override) state laws. And as with state laws, each is subject to judicial review. 

Congress could change federal policy to expand access to mail voting in federal elections or limit its use — by passing new legislation. The president could veto a new bill, but he has no power whatsoever to ignore or alter existing federal laws. 

There also is no emergency “exception” that would allow the president to ban mail voting. While Congress has granted the president emergency authorities in some areas – such as aspects of foreign policy and certain health crises – none exist for elections. Nor has any other president sought to unilaterally direct the administration of elections. 

Similarly, while the Constitution’s Take Care Clause gives the president the authority to faithfully enforce existing laws, it does not permit him to be a lawmaker.

The USPS is an independent agency

The president also has no authority to impose new policies on the United States Postal Service (USPS), which is how mail ballots are generally delivered and returned. 

But is banning mail voting a good policy?

No, banning mail voting would severely harm the quality of U.S. elections. Besides representing an unlawful presidential intrusion into elections (see above), it would hurt voters and introduce electoral chaos across the nation:

Roughly one third of Americans now rely on mail voting – especially seniors, the military and their families, and voters with disabilities

Mail voting is popular with significant numbers of voters across the political spectrum. It is more popular with Democratic voters overall, but is used by nearly a quarter of Republican voters as well and more so in states like Florida and Arizona. There is also evidence that expanding opportunities for mail voting does not favor any political party over another. 

Mail voting is particularly vital for rural communities. Many states are essentially all-mail, and do not have the infrastructure, time, or budget to move to in-person voting. Nor do they want to: Republican and Democratic lawmakers in these areas and elsewhere have decided access to mail voting is vital for their constituents. Mail voting is the primary vote method (74% in 2024) in the Western U.S., which includes red, blue, and purple states. States in the West tend to favor mail voting for a host of reasons, but the simplest explanation is that the region’s population density is about half of the country as a whole (42 vs 95 people/sq mi). Setting up secure, accessible poll sites at a reasonable proximity to voters (especially in the most rural areas) is logistically impossible.

Mail voting is secure, and has numerous safeguards in place to ensure integrity

Mail voting dates back to the Civil War, when soldiers at the front were provided opportunities to cast votes in their home state elections via mail. Over the decades, it has become an integral part of the election process with multiple layers of safeguards to ensure secure and accurate results. These guardrails include:

• Unique identifiers on mail ballot return envelopes ensure eligible voters do not cast more than one vote.
• In most states, voters must request a mail ballot and the requests are subject to verification checks.
• Signature verification and other measures check that the mail ballot is submitted by an eligible voter.
• Most states provide ballot tracking so that voters can follow the progress of their submitted ballot and ensure it arrives safely.
• Physical and cybersecurity protect mail voting systems which, like other election equipment, are not connected to the internet.
• Extensive state and federal penalties prevent fraudulent abuse of the mail voting process.
• Audits verify that mail voting systems are working correctly.