Cantwell, Colleagues Warn USPS That Complying With Trump’s Mail-In Voting Executive Order Would Be “A Blatant Violation of the Constitution”

04.22.26
Cantwell, Colleagues Warn USPS That Complying With Trump’s Mail-In Voting Executive Order Would Be “A Blatant Violation of the Constitution”
Trump’s order would ban the USPS from sending ballots to voters not included on his administration’s own list of “eligible” voters; States, not the feds, are tasked with overseeing elections, Senators remind USPS leadership in letter
WASHINGTON, D.C.
– Today, U.S. Senator Maria Cantwell (D-WA) joined 36 of her Senate Democratic colleagues in sending a letter to the United States Postal Service (USPS) warning the agency against complying with President Donald Trump’s unconstitutional March 31 executive order that would undermine mail-in voting.
President Trump’s executive order would direct his administration to compile lists of eligible voters in each state and direct the USPS to mail ballots only to those voters who meet that criteria – a clear violation of the Constitution, which delegates authority to oversee elections to the states.
“The executive order is a blatant violation of the Constitution and statutes governing Postal operations. We demand you follow the law and not implement this Executive Order,”
the Senators wrote in a letter to USPS Board of Governors Chairwoman Amber McReynolds, USPS Board of Governors Vice Chairman Derek Kan, USPS Governor Ron Stroman, USPS Governor Dan Tangherlini, and Postmaster General David Steiner.
“The Constitution provides no role for the President in regulating federal elections. And no statute delegates to the President any authority to regulate elections or voter eligibility either, including via USPS,”
the Senators continued.
“These directives clearly infringe on the states’ and Congress’ constitutional role to regulate the manner in which federal elections are held and would deny eligible voters their ability to cast a ballot. The prohibition on transmitting ballots from individuals not on the absentee voter list acts as a ban on vote-by-mail for any state unwilling to share its absentee voter lists with USPS or any voter who happens to be excluded from the list. Furthermore, under this executive order, it is the Postal Service who will have the final say about whether to transmit a voter’s absentee ballots to election officials—granting USPS the ability to disenfranchise American voters. Were the Postal Service to issue such a regulation, it would be a flagrantly illegal and unconstitutional attempt to regulate federal elections and would disenfranchise voters.”
The letter was led by U.S. Senators Gary Peters (D-MI), Dick Durbin (D-IL), Alex Padilla (D-CA), and Minority Leader Chuck Schumer (D-NY).
The full letter can be read
HERE
.
In the 2024 election,
nearly 48 million people – almost a third of all voters – cast their ballots by mail
. All states offer registered voters the opportunity to vote by mail in federal general elections and 12 states, including Washington – an early pioneer in expanding by-mail voting – conducted their 2024 elections entirely by mail. Washington state started vote-by-mail in 1983, adopted optional vote-by-mail in 2005, and enacted universal vote-by-mail in 2011.
Sen. Cantwell has been a stalwart defender of mail-in voting, and against overreach of the Trump administration into our elections:
On April 1, after the executive order on mail-in voting was announced, she
issued a statement
in opposition.
On March 18, she convened a group of current and former elected officials and representatives of nonpartisan voter advocacy groups for a virtual press conference on defending voter access. Video of that entire virtual press conference is
HERE
; video of Sen. Cantwell’s statement is
HERE
; and a transcript of Sen. Cantwell’s statement is
HERE
.
On March 15, she issued a
snapshot report
showing that the SAVE America Act – a voter suppression bill – would cost Washington state taxpayers more than $35 million this year alone.
On Feb. 24, Sen. Cantwell invited Washington Secretary of State Steve Hobbs as her guest to President Trump’s State of the Union address to
draw attention to the issue.
On Feb. 20, she convened local leaders in
Seattle
for a press conference urging Washingtonians to fight back against these proposed new burdens to voting.
On Feb. 19, she gathered in
Vancouver
with the Clark County Auditor Greg Kimsey and local chapter heads of the League of Women Voters and the NAACP for a press conference on how this bill would disenfranchise voters.
Also on Feb. 19, she released a
snapshot report
showing who in Washington would face undue hurdles to voting if the SAVE America Act were signed into law. The report shows that certain populations – including people who live in rural areas, women who changed their name after marriage, and people who recently moved – would face additional, cumbersome burdens to prove their citizenship.
On Feb. 5, she appeared on MSNOW’s Morning Joe to push back against the Trump administration’s heightened efforts to interfere in state-run elections and collect private data on American voters. Video of Sen. Cantwell’s appearance is
HERE
; a transcript is
HERE.
On Jan. 29, Sen. Cantwell
joined
Senate colleagues in a
letter
to then Attorney General Pam Bondi, pushing the Department of Justice (DOJ) to stop its unlawful pressure campaign to coerce dozens of states into providing the Trump Administration their voter rolls, which include voters’ personally identifiable information. DOJ has sued 24 states – including Washington state – and the District of Columbia demanding the personal information of their voters.
On Jan. 15, she
joined
Senate colleagues in a
letter
to USPS Postmaster General David Steiner raising concerns with recent developments affecting postmark practices. Right before the holiday season, USPS changed its postmark practices, which could have significant impacts on voters nationwide and in Washington state – including rural voters, military and overseas voters, and many others who rely on rely on the mail to safely and securely cast their ballot.
On Jan. 9, she joined 13 Senate colleagues in filing an
amicus brief
before the Supreme Court in Watson v. Republican National Committee, a significant case pending before the Court that affects voting by mail. The case, brought by the Republican National Committee, threatens the election administration practices of states like Washington that permit the counting of mail ballots that are postmarked by Election Day to be counted when they are received within a certain number of days after Election Day. The Court heard oral arguments in the case last month and a ruling is pending.
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