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Trump signs executive order limiting mail-in ballots; California leaders say they’ll fight

President Trump signed an executive order Tuesday purporting to place new federal controls on voting by mail in states such as California, repeating his long-held but unsubstantiated claim that mail-in ballots are a source of widespread fraud in U.S. elections.

California leaders immediately responded with promises to fight the order in court. They said mail ballots are a safe and secure method for voting relied on by millions of Californians, that Trump’s order infringes on the state’s constitutional right to administer elections as it sees fit, and that it amounts to an “illegal power grab” ahead of midterm elections in which his party is poised to suffer substantial losses.

The order directs the United States Postal Service to take control of mail balloting by designing new envelopes with special bar codes that will allow the federal government to ensure that such ballots go out only to eligible voters, and that only eligible voters return such ballots.

It requires states to submit to the USPS process if they plan to use the federal mail system for sending or receiving ballots, and to submit to the USPS lists of eligible voters in advance of such ballots passing through the mail system.

It also requires the Department of Homeland Security, U.S. Citizenship and Immigration Services, and the Social Security Administration to “compile and transmit to the chief election official of each State a list of individuals confirmed to be United States citizens who will be above the age of 18 at the time of an upcoming Federal election and who maintain a residence in the subject State.”

Those lists will be drawn from federal citizenship and naturalization records, Social Security records and “other relevant Federal databases,” and the USPS will be barred from transmitting ballots that do not match those lists, the order says.

“Secure ballot envelope identifiers provide a reliable, auditable mechanism to enforce Federal law without unduly burdening or infringing on the rights of eligible voters,” the order reads. “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.”

Trump — who recently voted by mail himself in Florida — framed the order as a solution to “massive cheating” in U.S. elections currently, which he did not back up with evidence.

“The cheating on mail-in voting is legendary. It’s horrible what’s going on,” Trump said.

“He’s going to make sure that mail-in ballots are safe secure and accurate,” said Commerce Secretary Howard Lutnick, who appeared alongside Trump and whose agency the order requires to be involved in the coordination of the new voting measures.

California officials blasted the president for attacking and undermining election integrity, rather than shoring it up, and said they would fight the order from taking effect.

“President Trump’s Executive Order marks a dangerous and unprecedented escalation in his ongoing attacks on our elections. The power to regulate elections belongs to the States and to Congress — he has no role to play. We blocked his previous Executive Order on elections in court, and we are prepared to stop him again,” said California Atty. Gen. Rob Bonta.

“The reality is that President Trump and Congressional Republicans see the writing on the wall — that they are likely to lose in the upcoming midterms — and they are pushing to make it harder for people to vote,” Bonta added. “We won’t stand idly by.”

Sen. Alex Padilla (D-Calif.), in a statement to The Times, said Trump’s actions were “a clear and present threat to our democracy,” that he will “use every tool I can to stop him,” and that he expects “immediate legal challenges in order to protect our free and fair elections.”

“Instead of focusing on lowering the cost of energy, groceries, and health care, Donald Trump is desperately attempting to take over and rig our elections and avoid accountability in November. This executive order is a blatant, unconstitutional abuse of power,” said Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

“The President and the Department of Homeland Security have no authority to commandeer federal elections or direct the independent Postal Service to undermine mail and absentee voting that nearly 50 million Americans relied on in 2024,” he said. “A decade of lies about election fraud does not change the Constitution.”

“In the middle of an unauthorized war abroad and an escalating authoritarian crackdown by ICE here at home, Trump is attempting another illegal power grab,” Padilla said.

A vast majority of Californians vote by mail. In the state’s 2025 special election on Proposition 50, the state’s mid-decade redistricting measure, nearly 89% of votes were cast by mail, according to California Secretary of State Shirley Weber’s office — or nearly 10.3 million out of about 11.6 million votes cast.

Trump has long criticized mail-in ballots — without evidence — as a source of fraud and a factor in his losing the 2020 election to President Biden, which he still contends was illegitimate.

Election experts, voting rights advocates, local elections officials and other California leaders have all dismissed those claims as unfounded and inaccurate. They have also been preparing for Trump to act to curtail such voting.

Padilla previously warned colleagues that he would force a vote on any effort by Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, forcing them to either co-sign on the power grab or resist it.

Critics of mail ballots have also been actively working to end or curtail the practice. Just last week, the U.S. Supreme Court heard arguments in a case in which the Republican Party challenged a Mississippi law that allows ballots to be accepted and counted if they arrive up to five days after election day.

During those arguments, the court’s six conservatives sounded ready to rule that federal law requires ballots to be received by election day in order to be counted as legal.

Weber, California’s top elections official, has warned that attacks on mail-in voting risked undermining a system the state has spent years building around universal mail voting.

Trump’s executive order is the latest front in a years-long campaign he has led attacking the integrity of U.S. elections — which has contributed to a steep decline in voter trust in U.S. elections.

On Tuesday, Trump said his order was drafted by “great legal minds,” and will survive any legal challenges unless “rogue” judges rule against it inappropriately.

“We want to have honest voting in our country,” he said.

Rick Hasen, an election law expert and director of the Safeguarding Democracy Project at UCLA Law, argued otherwise in a post Tuesday, noting that an earlier executive order purporting to place new federal controls on elections was blocked in court, and “this one is likely to fare no better.”

“To put this in plain terms: the order would use the USPS, which is not under the direct control of the President, to interfere with a state’s lawful transmission of ballots. If the state does not comply with these rules, federal law would purport to interfere with a state’s conduct of its own elections,” Hasen wrote. “The President does not have the authority to do this.”

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California leaders call to boycott debate if other candidates not included

Democratic legislative leaders on Monday called on voters to boycott USC’s upcoming gubernatorial debate if the university does not invite candidates who were excluded from participating.

The unsparing letter adds another layer of controversy to Tuesday’s forum, which as a result of the university’s selection criteria would not include any of the leading candidates of color.

“We are writing to demand you open the March 24 gubernatorial debate to all leading candidates,” said the letter sent Monday evening to USC President Beong-Soo Kim by Assembly Speaker Robert Rivas (D-Hollister), Senate President Pro Tem Monique Limón (D-Goleta) and the leaders of the legislative Latino, Black, Asian and Pacific Islander, Native American, LGBTQ, Jewish and women’s caucuses. “The outcry over this debate is deafening and includes legal demands from the excluded candidates’ attorneys, public calls by elected leaders across the state, concerns from the included candidates’ own campaigns, and growing alarm from California voters. Instead of responding to these valid concerns by expanding the debate, USC has doubled down.”

USC officials did not immediately respond to a request for comment Monday. Tuesday’s debate is scheduled less than two months before ballots begin arriving in voters’ mailboxes.

The university has been embroiled in controversy over the criteria it used to select the candidates it invited to participate in Tuesday’s debate, which is co-sponsored by KABC-TV Los Angeles and Univision.

Specifically, critics have pointed out the methodology allowed San José Mayor Matt Mahan — a white candidate who recently entered the race and is polling poorly — to vault above former U.S. Health and Human Services Secretary Xavier Becerra, former Los Angeles Mayor Antonio Villaraigosa, state Supt. of Public Instruction Tony Thurmond and former state Controller Betty Yee.

“The university’s selection process — built on a formula never before used for a debate of this scale, has delivered a result that is biased,” the letter says. “When a methodology produces this outcome — one that elevates a candidate with notable ties to USC’s donor community and the co-director of the Dornsife Center for the Political Future — the burden falls on USC to explain itself, not on everyone else to accept it. If USC does not do the right thing, we call on California voters to boycott this debate.”

Mike Murphy, a co-director of the USC center hosting the debate, has been voluntarily advising an independent expenditure committee backing Mahan. The veteran GOP strategist previously said he had nothing to do with organizing the debate and that he has asked for unpaid leave at the university through the June 2 primary if he takes a paid role in the campaign.

USC has also received tens of millions of dollars in donations from billionaire real estate developer Rick Caruso and his wife. Caruso, a USC alumnus who served as a trustee for years, is also a Mahan supporter.

“I had no conversations with the debate hosts or organizers,” Caruso said in a statement to The Times on Monday. “This is the most important election for California in a generation, and I encourage everyone to be engaged, learn as much as possible about each candidate, then form an opinion who can move California forward in the most positive of ways. Watching debates is a part of that process. That is why I believe debates should include all the credible candidates.”

The debate sponsors released a joint statement on Friday defending their decision.

“We want to be clear that we categorically, unequivocally deny any allegations that the debate criteria was in any way biased in favor or against any candidate and want to clarify the facts,” said the statement by the USC Dornsife Center for the Political Future and its broadcast partners. “The methodology was based on well-established metrics consistent with formulas widely used to set debate participation nationwide — a combination of polling and fundraising — and developed without regard to any particular candidate.”

Hours later, the four prominent Democrats who were excluded from the debate called on their rivals to boycott the event, reiterating their concerns that the criteria used to determine who was invited to participate resulted in every prominent candidate of color being excluded from the forum.

The four Democrats who are participating in the debate — Rep. Eric Swalwell of Dublin, former Orange County Rep. Katie Porter, billionaire climate activist Tom Steyer and Mahan — all issued statements criticizing USC’s selection criteria, but did not pull out of the debate.

“It is a shame that USC has decided to elevate one candidate at the expense of others,” Swalwell wrote on X on Sunday. “USC, and every host of a gubernatorial debate, should employ fair, objective, and honest criteria for all candidates. I remain hopeful they will do so Tuesday night.”

Porter expressed similar thoughts.

“Criteria used to determine which candidates qualify to participate in a debate must be transparent, fair, and objective,” she wrote on X. “I’m disappointed by how USC handled the process for Tuesday’s debate. Candidates and Californians deserve answers.”

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