This article is part of MACo’s Policy Deep Dive series, where expert policy analysts unpack complex policy questions with precise, county-focused analysis. Read all of MACo’s Policy Deep Dives.

The Short Version

• A president cannot ban mail-in voting by executive order. States run elections.
• Congress could attempt to regulate federal races, but significant changes would face constitutional limits and political challenges.
• Maryland law still guarantees no-excuse mail-in voting, drop boxes, early voting, and in-person voting on Election Day.

• The real risks for local boards of elections are voter confusion and late court rulings that tweak deadlines or procedures.

The County Role

One of the core responsibilities of Maryland’s county governments is funding and supporting local boards of elections. Counties provide the resources to staff polling places, train and coordinate election judges, and ensure smooth operations every two years, all in service of fair, open, and transparent elections.

The Pledge

President Donald Trump has said he will issue an order to end mail-in voting. He has made similar statements before, even as he votes by mail himself. Claims that the US is “the only country” using mail ballots are false. Many states and countries use mail voting because it is secure, reliable, and convenient.

Can a President End Mail-In Voting by Executive Order?

No. The Constitution grants states the power to determine the time, place, and manner of holding elections. Congress has a limited role. The president does not.

Legal challenges would immediately follow any attempt to wipe out state mail-in laws by executive order, and the case would likely drag on into lengthy litigation. Courts have consistently affirmed state authority over election rules, but outcomes can’t be guaranteed in advance — particularly if the dispute reaches higher federal courts.

What is clear is that such an order would not automatically override Maryland’s election laws, and local boards would continue operating under State direction unless and until a court compels otherwise.

Could Congress Change the Rules?

Maybe, but it would be hard. Congress has set a uniform Election Day and passed laws to protect voting access and election integrity. Restrictions would face constitutional, practical, and political hurdles.

Even if something were to pass, it would apply only to federal contests. Maryland would still set the rules for State and local races, which makes any shift complex and slow.

Congress also has oversight tools in place when discrimination is at issue, such as those outlined in the Voting Rights Act. That authority does not create a path for a national mail-ballot ban. It mainly protects access, rather than limiting it.

Mail-In Voting in Maryland: History and Current Law

Maryland’s history with mail-in voting dates back to the Civil War, when absentee ballots allowed soldiers to cast their votes while away from home. Since then, Maryland has gradually expanded access, culminating in recent reforms to enable eligible voters to request a ballot by mail, with no excuse required.

Today, Maryland law provides multiple voting options, including no-excuse mail-in ballots, early voting, and in-person voting on Election Day. Local boards of elections administer elections under State oversight, with secure chain-of-custody controls, signature verification, ballot tracking, and high-speed scanning.

There is no credible evidence of widespread fraud in Maryland’s system. Nothing changes unless the General Assembly acts to change State law or a court issues a binding order. Counties, through their funding and support of local boards, remain central to ensuring that every election runs fairly, securely, and reliably.

The Real Risk

• Confusion. National headlines can shake voter confidence, leading to more calls, more questions, and higher demands on local election staff. Clear, consistent information is critical: the State of Maryland and county governments run elections, Maryland’s mail-in voting remains lawful and secure, and any change would come only from official guidance from the State Board of Elections.

• Courts. Federal or State rulings could tighten receipt deadlines or adjust curing steps. Those changes compress timelines and require quick pivots on envelopes, websites, notices, and staffing. Local boards of elections will closely follow litigation updates from the State Board of Elections and the Maryland Attorney General, while preparing for potential adjustments through contingency planning.

Bottom line

County governments, through their local boards of elections, will continue to administer elections in accordance with Maryland law. A presidential order cannot eliminate mail-in voting, and congressional action is unlikely to bring about sweeping near-term changes or impact state and local contests.

MACo will track any litigation and share updates as they emerge from the State Board of Elections and the Attorney General.

Stay tuned to Conduit Street for more information.