Trump Declares Ballots Must Be Received by Election Day Under Federal Law

(LibertySociety.com) – Trump’s executive order on ballot deadlines has been halted by federal courts, leaving his aggressive election reform agenda in limbo as Republicans scramble to reshape voting rules before November.

Key Takeaways

• President Trump issued an executive order in July 2025 prohibiting the counting of ballots received after Election Day, which has been temporarily blocked by federal courts
• The order directed the Attorney General to take legal action against states counting late-arriving ballots and tied federal election funding to compliance
• Republicans are advancing HB160, the “Restoring Faith in Elections Act,” which remains in committee as of July 2025
• These efforts are part of a broader Republican strategy to combat delayed election results, which they claim feed conspiracy theories
• Critics argue these measures could disenfranchise legitimate voters whose ballots face postal delays despite being mailed before deadlines

Trump’s Executive Order Faces Judicial Roadblock

In a bold assertion of executive authority, President Donald Trump issued a sweeping order in July 2025 declaring that federal law prohibits counting ballots that arrive after Election Day. The controversial directive, which represents the cornerstone of Republican efforts to ensure faster election results, argues that the federal Election Day statute requires all ballots to be received by that date. Trump’s administration has deemed it “absurd” to count votes arriving days later, regardless of when they were postmarked.

The executive order instructed the Attorney General to pursue legal action against states that include late-arriving ballots in their federal election tallies. Additionally, it directed the U.S. Election Assistance Commission to make federal funding contingent on states’ compliance with the strict deadline. However, federal courts have temporarily paused implementation of the order, setting up what promises to be a contentious legal battle as the 2026 midterm elections approach.

Republicans Frame Measures as Protecting Election Integrity

GOP leaders have consistently framed these stricter ballot-counting deadlines as necessary safeguards against election distrust. The party argues that prolonged counting periods after Election Day create fertile ground for conspiracy theories and undermine public confidence in results. This position aligns with Trump’s longstanding criticism of extended ballot-counting periods, despite the fact that no evidence has linked late-arriving ballots to fraud in previous elections.

“When Americans go to bed on Election Night, they deserve to know who won, not wait days or weeks while partisan operatives ‘find’ more ballots,” said Senator Tom Cotton during a press conference supporting the President’s executive order. “This is about restoring Americans’ faith in our democratic process, which has been severely damaged by the chaotic counting procedures we’ve seen in recent elections.”

Federal Legislation Stalled in Committee

While the executive order represents the most visible July 2025 action on election reform, Republicans have also been advancing legislative solutions. House Bill 160, titled the “Restoring Faith in Elections Act,” includes provisions for “Verifiable, Orderly, and Timely Election Results.” Introduced in January 2025, the bill remains in committee as of July 2025, with Democrats largely opposing what they characterize as unnecessary restrictions on voting access.

The bill would codify many of the principles outlined in Trump’s executive order, creating a federal statutory requirement that all ballots be received by the close of polls on Election Day. It would also establish standardized reporting deadlines for states to provide election results, with penalties for jurisdictions that fail to meet these timelines. Critics argue these rigid deadlines could pressure election officials to sacrifice accuracy for speed.

State-Level Reforms Provide Blueprint

Republican leaders point to Pennsylvania’s HB 2473, passed in July 2024, as a model for bipartisan election reform. This state law aligns with the federal Electoral Count Reform Act by establishing a December 11, 2024, deadline for certifying presidential results. The legislation addressed gaps in state law that risked missing federal deadlines and creating certification chaos similar to what occurred following the 2020 election.

Unlike the more partisan federal efforts, Pennsylvania’s bill garnered support from both Republicans and Democrats, suggesting that common ground on election administration is possible when focused on procedural clarity rather than ballot access restrictions. However, critics note that Pennsylvania’s law did not include the strict ballot receipt deadlines that form the centerpiece of Trump’s July 2025 executive order.

Democrats Condemn “Voter Suppression” Tactics

Democratic leaders have strongly condemned the Republican initiatives, characterizing them as thinly veiled voter suppression tactics designed to disenfranchise legitimate voters. They point out that late-arriving ballots typically require postmarks proving they were sent by Election Day, and historically, acceptance of such ballots was a nonpartisan practice. California and Mississippi both allowed such ballots, while states like Colorado did not.

“This executive order is a solution in search of a problem,” said House Minority Leader Hakeem Jeffries. “The real issue isn’t when ballots are counted—it’s ensuring every eligible American’s vote is counted. This administration is deliberately creating chaos in our election system to set the stage for challenging results they don’t like.”

Legal Battles Loom as Elections Approach

Constitutional scholars remain divided on whether federal authority can override state election administration procedures. The Constitution explicitly grants states primary authority over election administration, though Congress has the power to regulate federal elections. This tension sets the stage for what will likely be protracted litigation as the executive order works its way through the federal court system.

With midterm elections approaching in 2026 and presidential primaries following shortly thereafter, the resolution of these legal questions takes on increased urgency. Election officials across the country are caught in the middle, uncertain which rules will ultimately govern their procedures. Meanwhile, Republican leaders have signaled they will continue pushing for these reforms through both executive action and legislation, viewing them as essential to restoring public trust in elections.

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