California Governor Gavin Newsom has publicly challenged President Donald Trump’s new executive order restricting mail‑in voting.
Newsom’s relationship with President Trump has been highly adversarial, characterized by public insults, lawsuits, and opposing political narratives.
In his announcement on Wednesday, April 1, the governor signaled that California is expected to lead legal challenges to the executive order, setting the stage for a political battle over the future of U.S. elections.
“Donald Trump is trying to rig the midterms by suppressing the vote through unconstitutional means,” Newsom said. “California will fight back to protect the integrity of our elections and people’s right to vote.”
The executive order signed on Tuesday introduces sweeping changes to how elections are administered. It directs federal agencies to compile a “State Citizenship List” of voting‑age U.S. citizens using data from the Social Security Administration, immigration records, and other federal databases.
This list would be shared with state election officials to verify voter rolls. While the order does not automatically register voters, it requires states to use the federal list as a verification tool.
Critics warn that inaccuracies in federal data could prevent eligible voters from registering or receiving ballots. Other states and advocacy groups are preparing lawsuits, setting up a confrontation that could reach the courts within weeks.
Mail‑In voting restrictions
Mail‑in and absentee voting are a central focus of the order. The U.S. Postal Service is instructed to implement new national standards, including Official election mail markings, Standardized envelope designs, and Unique trackable barcodes on ballot envelopes.
In addition, a new “Mail‑In and Absentee Participation List” will track individuals authorized to receive mail ballots. Voters may need to be pre‑registered in this system for their ballots to be processed, shifting mail‑in voting toward a tightly controlled, track‑and‑verify model.
The order also requires states to retain election records, such as ballot envelopes, for five years to support audits and investigations.
Also Read: Trump Signs Executive Order on Mail-In Voting Amid GOP Midterm Fears
The directive strengthens federal oversight by coordinating multiple agencies — Homeland Security, the Social Security Administration, the Department of Justice, and the Postal Service — with rapid implementation timelines of 60 to 90 days.
The Attorney General is instructed to prioritize prosecutions not only of individuals who vote illegally but also of election officials, contractors, and private entities found to have enabled ineligible voting.
Federal authorities may pursue legal action against states that fail to comply and, where permitted by law, withhold federal funding.
Opposition from States
Newsom’s statement was the first from a governor, but several Democratic secretaries of state have also pledged to challenge the order.
Colorado Secretary of State Jena Griswold called the order “unconstitutional” and said her state would join litigation.
“This Executive Order is undemocratic, unconstitutional, and dangerous. Trump once again is trying to unlawfully exert influence on states’ elections in an effort to hold onto power in the upcoming midterm elections, this time by creating a Trump voter list,” she said in a statement.
“While Trump says mail ballots are illegitimate, he has voted by mail ballot for years. The Constitution is clear: states oversee elections, not Trump. We look forward to this unconstitutional overreach being stopped in court.”
Arizona Secretary of State Adrian Fontes also said he would meet the federal government in court, while Nevada Secretary of State Francisco Aguilar said his state looked forward to “our day in court challenging this illegal action.”
Maine Secretary of State Shenna Bellows, on her part, said her state was “not going to obey in advance” because states, not the federal government, control elections.
Also Read: Outrage as Trump Imposes Severe Consequences on States Supporting Mail-In Voting
Advocacy groups, including the Campaign Legal Center, Democracy Defenders Fund, and the League of United Latin American Citizens, have also announced plans to sue.
Support from some Republicans
However, supporters say it will strengthen election integrity and public confidence.
Nebraska Secretary of State Bob Evnen praised Trump for prioritizing election integrity, though he said his state would monitor how implementation might affect upcoming elections.
Tens of millions of Americans vote by mail in federal elections. About 30% of voters cast mail ballots in 2024, according to the U.S. Election Assistance Commission.
In Colorado, where mail‑in voting is universal, over 92% of voters used mail ballots in the 2024 general election and 95% in the 2022 midterms.
