Politics & Government
Trump Vows To End Mail-In Ballots: What VA Voters Need To Know
More than 2.3 million Virginians voted absentee or by mail ahead of the 2024 presidential election.
President Donald Trump vowed on his social media platform this week to make changes in how U.S. elections are conducted, including one that would end mail-in voting for the 2026 midterms.
Trump pledged on his social media site that he would do away with both mail voting and voting machines. Trump’s post came after the president told Fox News that Russian President Vladimir Putin, in their Friday meeting in Alaska, echoed his grievances about mail voting and the 2020 election.
Trump has claimed there is “massive fraud” due to mail voting, when in fact voting fraud in the U.S. is rare. As an example, an Associated Press review after the 2020 election found fewer than 475 cases of potential fraud in the six battleground states where he disputed his loss, far too few to tip that election to Trump.
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Here’s what Virginia voters need to know about mail-in voting:
Virginia Election Laws
Here are some of the key provisions in Virginia election laws as they relate to mail-in voting:
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In Virginia, all voters have the option to vote by absentee or by mail. For those voting by mail for the first time, federal law requires them to show identification when voting in a federal election if they did not send a copy of one of these IDs with their voter registration applications.
Virginia voters can also sign up for the permanent mail-in voting list, which means they will automatically receive a mail-in ballot for all future federal and state elections.
Once registered to vote by mail in Virginia, residents receive their ballots in the mail starting 45 days before Election Day.
Once completed, mail-in ballots should be returned to the local general registrar's office by 7 p.m. on Election Day. Ballots may also be returned to a drop-off location or by mail. If returning by mail, ballots must be postmarked on or before Election Day and received by noon on the third day following the election.
More than 2.3 million Virginians voted absentee or by mail ahead of the 2024 presidential election, according to the state Department of Elections.
Learn more about mail-in voting in Virginia.
States Run Elections
Constitutionally, Trump is on shaky ground. Unlike in many countries, elections are run by states.
Trump claimed in his social media post that states “are merely an agent for the Federal Government in counting and tabulating the votes” and must do what the federal government “as represented by the President of the United States," tells them to do.
Election lawyers said that’s a misrepresentation of the U.S. Constitution.
A Patchwork Of State Laws
Two states with vote-by-mail elections, Washington and Oregon, are challenging an earlier executive order by Trump that sought to require that all ballots be received by Election Day (not just postmarked).
The states argue that the president has no such authority, and they are seeking a declaration from a federal judge in Seattle that their postmark deadlines do not conflict with federal law setting the date of U.S. elections.
Six other states and Washington, D.C., allow elections to be conducted entirely by mail: California, Colorado, Hawaii, Nevada, Utah and Vermont.
States have a patchwork of election laws that accommodate their individual needs and circumstances.
Counties in North Dakota and Nebraska can opt for elections by mail, and nine states — Alaska, Arizona, Florida, Kansas, Maryland, Missouri, Montana, New Mexico and Wyoming — allow specific small elections to be conducted by mail. Additionally, Idaho, Minnesota, New Jersey and New Mexico permit mostly mail elections for certain small jurisdictions.
What’s The Issue With Voting Machines?
Trump said in his post that voting machines are more expensive than “Watermark Paper,” a little-used system that has gained favor and investments among some voting conspiracy theorists who believe it would help prevent fraudulent ballots from being introduced into the vote count.
However, watermark paper would still have to be fed through some sort of tabulating machine.
While some jurisdictions still have voters use electronic ballot-marking devices to cast their votes, the majority of U.S. voters already vote on paper ballots, creating an auditable record of votes that provides an extra safeguard for election security.
What Happens Next?
Only Congress can implement new election rules under the Constitution. While the document is clear that state entities determine the “time, place and manner of elections, it does allow Congress to “make” or “alter” rules for congressional and presidential elections. Importantly, the president isn’t mentioned at all in the Constitution’s list of entities with powers over elections.
Although Republicans control Congress, it’s unclear that even his party would want to eliminate voting machines nationwide, possibly delaying vote tallies in their own races by weeks or months. Even if they did, legislation would likely be unable to pass because Democrats could filibuster it in the U.S. Senate.
The Associated Press contributed reporting.
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