Fact check: Can the president of the US outlaw mail-in balloting, or do states exclusively administer access to mail-in ballots?

1. Summary of the results

The analyses provide a clear and consistent answer to the question: the president of the United States does not have the authority to outlaw mail-in balloting. States exclusively administer access to mail-in ballots based on constitutional principles.

Multiple legal experts confirm this position. Rick Hasen, a professor of law and political science at UCLA, states that the president cannot end mail-in voting through an executive order because the Constitution gives each state the authority to set its own rules for running elections ^[1]. Michael Morley from Florida State University College of Law and Richard Hasen agree that the president lacks constitutional authority to tell states how to run their elections, and any changes would require action from Congress ^[2].

The constitutional foundation is explicit: the US Constitution states that the "times, places and manner of holding elections ... shall be prescribed in each State by the Legislature thereof" ^[3]. Jeremy Paul, a professor at Northeastern University School of Law, characterizes any presidential attempt to ban mail-in voting as "authoritarian fan fiction," emphasizing that the president has "absolutely no authority" to make such changes ^[4].

2. Missing context/alternative viewpoints

The analyses focus primarily on the constitutional limitations but provide limited discussion of potential workarounds or edge cases. The sources don't explore:

• Whether federal funding mechanisms could be used to influence state voting practices
• How emergency powers might theoretically be invoked, though the constitutional framework would still apply
• The role of federal election oversight agencies and their limitations
• Historical precedents where federal-state election authority has been contested

The analyses also don't address the practical political consequences of such attempts or discuss how states have historically responded to federal pressure on election administration.

3. Potential misinformation/bias in the original statement

The original question itself is neutrally framed and doesn't contain misinformation. It appropriately seeks clarification on the division of powers between federal and state authorities regarding election administration. The question demonstrates an understanding that there may be competing jurisdictions and asks for clarification rather than making false claims.

However, the context surrounding this question - referenced indirectly through the analyses mentioning Trump's proposals to ban mail-in voting - suggests this inquiry may stem from political rhetoric that misrepresents presidential powers. The analyses reveal that claims about presidential authority to ban mail-in voting constitute what legal experts call "authoritarian fan fiction" ^[4], indicating that such assertions in political discourse would indeed be misinformation about constitutional powers.