President Donald Trump issued a sweeping executive order targeting mail-in voting this week, and it’s already facing a legal challenge from civil rights groups, who warn it could put unprecedented power over elections in the hands of the federal government.

Several voting rights groups, including the NAACP, the Lawyers’ Committee for Civil Rights Under Law, Common Cause, and Black Voters Matter, filed a lawsuit to block the order, calling it unconstitutional and a direct threat to voters’ rights to the ballot box.

“It gives the federal government a veto over who gets to vote,” Rob Weiner, director of the Voting Rights Project at the Lawyers’ Committee, said in an interview with Blavity.

The order creates a federal process to determine who can vote by mail, an authority advocates say the executive branch simply does not have.

What the order does and why it’s being challenged

According to Democracy Docket, the order directs agencies like the Department of Homeland Security and the U.S. Postal Service to help create a federal list of eligible voters. Access to mail-in ballots would then depend on that list.

“It’s really a very convoluted procedure,” Weiner told Blavity. “But the bottom line is if you’re not on the list that the federal government has blessed, you don’t get” a ballot that allows you to vote by mail.

At the heart of the lawsuit is a basic question: who runs elections?

Weiner pointed to the Constitution, which gives states primary control, with Congress playing a supporting role — not the president.

“There is no power in the Constitution for the president to intervene in this area,” he said. “To take over the handling of elections is just beyond the president’s power.”

Advocates argue the order amounts to “a significant power grab” that could upend how elections have long been administered.

Why Black voters could be hit the hardest

The consequences of restricting mail-in voting won’t be felt evenly among voters.

“Many Black voters may vote by mail because that avoids the discrimination they would face at the polls,” Weiner said.

He also pointed to longstanding inequities — like longer wait times in predominately Black districts, limited transportation access, and rigid work schedules — that make in-person voting more difficult.

“In Black majority districts, there are longer lines…longer waits, and it’s a disadvantage to vote at the polls,” he added.

For many voters, mail-in ballots aren’t just about convenience, they’re about access. Limiting that option, advocates argue, risks reinforcing barriers that already exist.

What’s at stake for mail-in voting

The order comes amid ongoing misinformation about mail-in voting, including unfounded claims about widespread non-citizen participation, according to The Guardian, which noted the policy is being framed as an election security measure despite a lack of evidence of widespread fraud.

Former Vice President Kamala Harris weighed in on the controversy in a post on X, emphasizing that the real reason for the mail-in ballot attack is due to the president’s fear of loss in November.

“Donald Trump votes by mail,” Harris wrote. “But this week, he signed an Executive Order so you can’t. Why? Because he is scared of your power, and he is scared of losing the midterms.”

For Weiner, the stakes go far beyond one policy: “I think that what’s at stake is the dangerous act of the federal government determining who can vote,” he said. “We should be making it easy for people to vote. Instead, this administration wants to restrict voting.”

As the legal battle advances, the outcome could shape not just mail-in voting, but the bigger question of who controls access to the ballot, and who ultimately gets a say in American democracy.