Former federal judge explains how Trump’s executive order is ‘a solution looking for a problem’
John Jones knows about voter suppression. Currently the president of Dickinson College, Jones – nominated in 2002 by President George W. Bush and confirmed unanimously by the U.S. Senate – served for almost two decades as a federal court judge. In that role, Jones presided over a case, filed just prior to the November 2020 presidential election, in which a conservative legal foundation sued Pennsylvania’s top election official, alleging that she had allowed 21,000 dead people to remain on the voter rolls. The group asked Jones to stop those people from voting.
Jones denied the request. “In an election where every vote matters, we will not disenfranchise potentially eligible voters based solely upon the allegations of a private foundation,” he wrote in his memorandum on the case. In this interview with The Conversation politics and legal affairs editor Naomi Schalit, Jones discusses Donald Trump’s March 31, 2026, executive order to wrest control of mail-in voting from states and give it to the U.S. Postal Service and the Department of Homeland Security; how the constitutional design of U.S. voting bars such federal control; and how Trump’s order would disenfranchise voters and is now the subject of lawsuits by voting rights groups and 23 states.
Article 1, Section 4, of the Constitution says, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.” When you saw the executive order by the president, what did you think?
My first thought was, this executive order is dead on arrival. It assumes two problems that really don’t exist.
States are empowered under Article 1, Section 4, of the Constitution to conduct elections and set the time, place and manner of those elections.
The president’s March order asserts that states don’t maintain active and appropriate voter rolls. That’s just not true. State after state takes that very, very seriously, and it’s a principle of federalism that states are given the responsibility for conducting elections. This includes maintaining accurate voter rolls, which, despite the noise to the contrary, states have historically done very well.
The second inaccuracy that undergirds this executive order is that there is rampant fraud in mail-in voting. There is absolutely no evidence to show that that is true.








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