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How Trump’s plan to eliminate voting by mail would affect Texas

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Voting by Mail: Understanding the Debate

President Donald Trump said this week he plans to sign an executive order eliminating mail-in ballots ahead of next year’s midterm elections. Trump, who has for years criticized mail-in ballots, said on social media and from the White House that voting by mail is a “scam” and susceptible to voter fraud.

“An executive order is being written right now by the best lawyers in the country to end mail-in ballots because they’re corrupt,” Trump wrote on social media. “And it’s time that the Republicans get tough and stop it because the Democrats want it. It’s the only way they can get elected.”

U.S. courts have rejected dozens of fraud allegations since the 2020 election, finding no evidence of widespread problems, and elections officials say voter fraud in the U.S. is exceptionally rare.

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How Voting Laws Work

Presidents do not have the power to unilaterally change voting laws. The Constitution gives states, not the federal government, the power to set the “times, places and manner” of elections.

Such an executive order from Trump would likely face legal challenges. Mail-in ballots are popular, with roughly one-third of the country voting by mail rather than at a polling place.

Eight states — California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont and Washington — plus Washington, D.C., allow all elections to be conducted entirely by mail. Another 28 states allow “no-excuse absentee voting,” which means a voter can request a mail-in ballot without reason.

Voting by Mail: A State-by-State Issue

Related: Tarrant County reduces November Election Day voting locations by 33%

What about Texas?

Texas already has restrictions in place regarding who is eligible to vote by mail, so the state’s older and disabled residents could be affected.

To vote by mail in Texas, voters must be at least 65 years old, sick or disabled, be out of the county during early voting and on Election Day, expected to give birth three weeks before or after Election Day, or be confined in jail but otherwise eligible.

Texas lawmakers tightened voting laws in 2022, including requiring mail-in ballot applications to include proof of identification. The new law led to widespread confusion, with thousands of mail ballots rejected that year.

“We need to make sure that we have safety measures in place that prevent any type of fraud that could take place in the mail-in ballot system,” Gov. Greg Abbott said in 2021.

The state lags far behind others in the number of mail ballots. In 2024, only 3% of registered voters in Texas, fewer than 400,000 people, voted by mail, down from nearly 1 million in 2020, according to data from the U.S. Elections Assistance Commission. By comparison, at least three-fourths of voters in Arizona, California, Colorado, Oregon, Utah and Washington voted by mail in 2024.

A Shift in Republican Stance

Republicans once championed mail ballots. That changed after Trump lost the 2020 election, when 43% of registered voters cast ballots by mail because of COVID-19. The president and other Republicans began to attack mail ballots and claimed, without evidence, that they contributed to voter fraud.

Conclusion

The debate over mail-in ballots is complex and multifaceted. While some argue that mail-in ballots are susceptible to voter fraud, others point out that voter fraud is exceptionally rare and that mail-in ballots are a convenient and secure way to vote. As the 2024 elections approach, it is essential to understand the laws and regulations surrounding mail-in ballots and to be aware of any changes that may affect voters.

Frequently Asked Questions

Q: What is a mail-in ballot?

A: A mail-in ballot is a ballot that is mailed to a voter, allowing them to cast their vote from the comfort of their own home.

Q: Which states allow all elections to be conducted entirely by mail?

A: Eight states — California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont and Washington — plus Washington, D.C., allow all elections to be conducted entirely by mail.

Q: Can the president unilaterally change voting laws?

A: No, the Constitution gives states, not the federal government, the power to set the “times, places and manner” of elections.

Q: Is voter fraud a significant problem in the United States?

A: No, voter fraud is exceptionally rare in the United States. U.S. courts have rejected dozens of fraud allegations since the 2020 election, finding no evidence of widespread problems.

Q: How many states allow “no-excuse absentee voting”?

A: Another 28 states allow “no-excuse absentee voting,” which means a voter can request a mail-in ballot without reason.

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