Merkley, Senate Colleagues Call to Halt Implementation of Trump’s Illegal Executive Order to Eliminate Vote-by-Mail

Merkley, Senate Colleagues Call to Halt Implementation of Trump’s Illegal Executive Order to Eliminate Vote-by-Mail June 2, 2026 Senators Direct Commerce Secretary to Explain Department’s Involvement with USPS and Elections, and Preserve Documents for Congressional Oversight Washington, D.C. — Oregon’s U.S. Senator Jeff Merkley joined his Senate Democratic colleagues to demand U.S. Department of Commerce Secretary Howard Lutnick oppose the Department’s involvement in President Trump’s illegal executive order (EO) attacking vote-by-mail and interfering with the U.S. Postal Service (USPS). The Senators also demanded that the Commerce Department halt implementing the executive order and preserve and prepare all records and documents related to Commerce’s involvement in its drafting and implementation for congressional oversight purposes. The Senators’ letter to Lutnick follows his prominent public appearance in the Oval Office where he briefed President Trump on the contents of the executive order prior to the President’s signing of the order, which requires states to submit voter data to the Department of Homeland Security (DHS), orders the USPS to refuse to deliver lawful ballots unless states comply, and threatens penalties for election officials and mail carriers. Despite the Department of Commerce lacking any authority over USPS or elections, Section 4 of the executive order states that DHS and USPS “shall coordinate with the Secretary of Commerce in effectuating all relevant aspects of the implementation of this order.” “We were greatly alarmed by your central role in EO 14399, as evidenced by your presence and remarks at the White House when President Trump signed EO 14399,” wrote the Senators. “Despite the Department having no authority over the USPS or role in administering federal elections, EO 14399 directs USPS and several federal agencies to ‘coordinate with the Secretary of Commerce in effectuating all relevant aspects of the implementation of this order.’ In addition, we are aware of nonpublic reports that you and your office had a key role in drafting and internally advancing this illegal and unconstitutional order. It is deeply disturbing for the Secretary of Commerce to attempt to illegally interfere with lawful mail ballots in states that do not cooperate with President Trump’s unconstitutional attempt to ‘take over the voting.’” The Senators also emphasized that tens of millions of Americans rely on USPS and vote-by-mail as a safe and trustworthy method to vote in federal and state elections. Nearly 1 in 3 American voters voted by mail in the 2024 general election cycle, and USPS securely delivered more than 99 million ballots to and from voters – including free mail delivery to rural and remote communities. The Senators flagged that Trump’s vote-by-mail executive order would severely restrict the use of absentee and mail-in voting among American voters, and any actions from the Department of Commerce to implement the executive order would be an unlawful attempt “to interfere with lawfully cast ballots in federal elections.” President Trump himself has voted by mail at least three times in recent elections, including in 2026. “We demand that the Department follow the law and cease any effort to ‘coordinate’ or ‘implement’ this EO,” the Senators continued. “ We also formally request that you and all Department employees involved in the drafting, legal analysis, or other preparation or consideration of EO 14399, or any other assertion of Department control over the USPS, take immediate steps to preserve and retain all Department records and documents related to those topics. In addition, we request that the Department begin organizing these materials to facilitate Congressional oversight into the extent of the Secretary’s and Department’s involvement in this attempt to interfere with mail and absentee ballots in the 2026 general election.” In their letter to Commerce Secretary Howard Lutnick, the Senators also noted that the Secretary failed to respond to a previous Senate letter pushing back against Trump’s plans to privatize USPS services and any efforts to move USPS functions to the Department of Commerce. The letter was led by U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Committee on Rules and Administration and California’s former Secretary of State, along with Senators Maria Cantwell (D-Wash.), Ranking Member of the Senate Committee on Commerce, Science and Transportation, and Ben Ray Luján (D-N.M.). In addition to Merkley, the letter was signed by Senators Angela Alsobrooks (D-Md.), Lisa Blunt Rochester (D-Del.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Tim Kaine (D-Va.), Mark Kelly (D-Ariz.), Amy Klobuchar (D-Minn.), Ed Markey (D-Mass.), Jon Ossoff (D-Ga.), Chris Van Hollen (D-Md.), Raphael Warnock (D-Ga.), and Sheldon Whitehouse (D-R.I.). Full text of the letter is available by clicking here and below: Dear Secretary Lutnick: We write to demand you follow