Michigan Officials Challenge Trump Executive Order on Mail-in Voting as Midterms Approach

Michigan Leaders Vow Legal Fight Against Federal Order Restricting Absentee Ballots

GRAND RAPIDS, Mich. — As Michigan braces for the 2026 midterm elections, state officials are preparing to fight a new federal executive order that would fundamentally change how Americans vote by mail.

President Donald Trump signed the order on Tuesday, directing the Department of Homeland Security to create a nationwide list of verified eligible voters and instructing the U.S. Postal Service to only send absentee ballots to those on an approved list. The order also requires secure envelopes with unique barcodes for tracking ballots.

Michigan Secretary of State Jocelyn Benson, a Democrat who is also running for governor, called the order illegal and promised swift legal action.

"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 Wednesday. "States run elections, not the president."

Why This Matters for West Michigan Voters

Michigan voters have long embraced absentee voting. In 2018, Michiganders approved a ballot measure making no-reason absentee voting a guaranteed right in the state Constitution. More than 2.2 million Michiganders cast absentee ballots in the 2024 election.

The impact could be particularly severe in Kent County, where Grand Rapids is located. In the 2024 election, more people voted by mail in 14 Michigan counties than voted on Election Day in those same counties. Kent County has consistently shown high rates of absentee voting, with thousands of West Michigan residents relying on mail-in ballots.

"This order will only make it harder for eligible Michigan citizens to vote," Benson said. "It is meant to sow fear, confusion, and doubt among voters."

Federal Funding Threat

The executive order authorizes the Department of Justice to investigate state and local election officials who do not comply and to withhold federal funding from those jurisdictions. This leverage gives the federal government significant power over state election administration.

Under the current order, the U.S. Postal Service would be barred from delivering absentee ballots to voters not on an approved "absentee participation list." The order also calls for the Social Security Administration to work with the Department of Homeland Security to create the federal voter list.

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 and the president has no power to tell it what mail it can and cannot deliver. A spokesperson for USPS said Tuesday the agency will review the order.

State Officials Mobilize

Michigan Attorney General Dana Nessel, also a Democrat, echoed Benson in assuring she will challenge the order.

"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 in a statement. "Whether issued in delusion or in an attempt to distract the country from his failures in the Middle East, there is simply no possible legal authority to support this executive order."

Michigan Gov. Gretchen Whitmer was also critical of Trump's order. In a joint statement released by the Democratic Governors Association with Kentucky Gov. Andy Beshear, Whitmer said 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."

Legal Challenges Already Underway

Michigan has already faced legal challenges over federal demands for voter registration data. Under Secretary of State Benson, Michigan 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 make Michigan turn over the data, but the Department of Justice has appealed and experts say the case may be the first to reach the U.S. Supreme Court.

The Constitution's Elections Clause gives Congress the power to "make or alter" election regulations, at least for federal office, but it doesn't mention presidential authority over election administration.

"This is Donald Trump turning the Department of Homeland Security into the department of controlling the homeland," said Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights.

Voting Rights Groups Raise Concerns

Voting rights groups have raised concerns about the current verification system. The Department of Homeland Security's SAVE system for verifying citizenship and immigration status has come under scrutiny for producing flawed results from unreliable data sets and over 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.

Trump has repeatedly and falsely claimed he won the 2020 presidential election — including Michigan's contest, which he lost by 154,188 votes that year — and the integrity of state-run elections. He again asserted Tuesday that he won "three times."

Elections Remain State-Centric

Voting by mail is a popular option in Michigan, where voters in 2018 approved a ballot measure making no-reason absentee voting a guaranteed right in the state Constitution. The practice has helped many Michigan residents participate in elections, including those in West Michigan communities like Grand Rapids, Kalamazoo, and Battle Creek.

More than 2.2 million Michiganders cast absentee ballots in the 2024 election won by Trump. In 14 Michigan counties, more people voted by mail than on Election Day.

U.S. elections are unique because they are not centralized. Rather than being run by the federal government, they're conducted by election officials and volunteers in thousands of jurisdictions across the country, from tiny townships to sprawling urban counties with more voters than some states have people.

Under Benson, Michigan 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.

What's Next

Benson said she will take swift action to fight the order in court. The state's legal team has indicated they will challenge both the authority of the order and its potential impact on Michigan's election administration.

As the 2026 midterm election approaches, Michigan voters will be watching closely to see how the legal battle plays out and whether the federal order will have any practical effect on how elections are run in the state.