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Jocelyn Benson says Trump's vote-by-mail order is illegal

Roll of "I Voted" stickers with US flags on a table, blurred election forms in the background.
(Photo by Bill Pugliano/Getty Images)

(WWJ) Michigan Secretary of State Jocelyn Benson says an executive order that changes the way mail-in ballots are handled is illegal.

The order, signed by President Donald Trump on Tuesday, would require states to create lists of people allowed to use mail-in ballots. The Post Office would only be allowed to collect ballots from people on the list.


Trumps order reads, in part: "The Federal Government has an unavoidable duty under Article II of the Constitution of the United States to enforce Federal law, which includes preventing violations of Federal criminal law and maintaining public confidence in election outcomes. To enhance election integrity via the United States Mail, additional measures are necessary. Secure ballot envelope identifiers provide a reliable, auditable mechanism to enforce Federal law without unduly burdening or infringing on the rights of eligible voters. Unique ballot envelope identifiers, such as bar codes, enable confirmation that only citizens receive and cast ballots, reducing the risk of fraud and protecting the integrity of Federal elections."

Benson says elections are already secure, and that this will make it more difficult for many Michiganders to vote.

Benson said, in a statement:

"This executive order is illegal on its face. States run elections, not the president. The president couldn’t convince Congress to pass his disastrous voter suppression bill, so he’s resorted to this.

"This order will only make it harder for eligible Michigan citizens to vote and will create chaos at every step of the election process.

"The truth is that our elections are already secure. By ordering the DOJ to target state and local election officials, this administration is coming after hardworking local public servants for doing their jobs safeguarding democracy. It is meant to sow fear, confusion, and doubt among voters.

"As Secretary of State, I will protect the votes and voices of Michiganders. The law is on our side, and I will take swift action to fight this illegal order in court."

President Trump has been threating to "take over" elections. and has repeatedly and falsely claimed he won the 2020 presidential election – including in Michigan’s contest, where lost by 154,188 votes.

As for how the U.S. Postal Service would handle all this, that remains unclear. Asked about it, USPS spokesperson Cathy Purcell said in a statement that the Postal Service is still reviewing the order.

View a copy of Trump's order HERE.