Republican election law attorney Ben Ginsberg warned Monday that President Trump's executive order imposing restrictions on mail-in voting will disproportionately harm Republican voters, as older voters — who lean Republican — are more likely to use mail ballots. Ginsberg predicted that the order could trigger backlash within the GOP in the coming weeks.
Election law attorney Ben Ginsberg, a longtime Republican Party operative, said Monday that President Trump's executive order restricting mail-in voting will primarily affect Republican voters, not Democrats. Speaking on a call with reporters, Ginsberg argued that the order's impact will be felt most by older voters, a demographic that tends to favor Republicans and relies heavily on mail-in ballots. 'One thing is, I think you’re going to see some blowback from Republicans in the coming weeks, because after all, Republicans are the older party and older folks like to vote by mail,' Ginsberg said.
The executive order, signed by President Trump in late August, imposes new identification requirements, shortens the window for receiving and counting mail ballots, and limits the use of drop boxes. The administration has defended the measures as necessary to prevent voter fraud and restore confidence in elections, though studies have repeatedly shown that voter fraud via mail is extremely rare. Critics argue the order is a solution in search of a problem and will suppress turnout.
Ginsberg, who served as national counsel for the Republican National Committee in multiple presidential cycles, is one of the few GOP election law experts to publicly criticize the order. His comments highlight a growing rift within the party over voting access. While some Republicans support tighter restrictions, others worry that reducing mail-in voting could hurt their own candidates, especially in states where absentee voting is popular among seniors.
Democrats have largely condemned the order, calling it a partisan effort to disenfranchise voters. Voting rights groups have already filed lawsuits challenging the order's legality. The issue is likely to become a central battleground in the upcoming midterm elections, as both parties debate the balance between security and access.
Ginsberg's warning underscores the potential for unintended consequences: a policy ostensibly aimed at securing elections could end up suppressing the votes of the president's own supporters. Whether the GOP base will accept this trade-off remains to be seen.
Analysis
Why This Matters
- Direct impact on voters: The executive order could disenfranchise millions of older Americans who rely on mail-in voting, a group that skews Republican. This may reduce GOP turnout in key swing states.
- Broader significance: The debate over mail-in voting encapsulates the larger partisan fight over election administration, which has become a defining issue since the 2020 election. The order could set a precedent for stricter voting laws nationwide.
- What happens next: Legal challenges are already underway, and the order may face court rulings that could delay or block its implementation. Meanwhile, internal GOP pressure may force a political recalibration.
Background
Mail-in voting expanded dramatically during the COVID-19 pandemic, with many states offering no-excuse absentee balloting. Republicans initially embraced the method, but after the 2020 election, President Trump repeatedly claimed — without evidence — that mail ballots were rife with fraud. This led to a split in the GOP: some states, like Florida, expanded mail-in voting, while others, like Texas, tightened restrictions.
The executive order signed in late August 2026 is the most aggressive federal action on mail-in voting since the pandemic. It requires all states to enforce stricter ID verification for absentee ballots, reduces the time window for counting ballots to 48 hours after polls close, and bans the use of unsupervised drop boxes. The administration argues these measures are necessary to prevent fraud, but independent studies have found no widespread fraud in mail-in voting.
Ben Ginsberg has been a prominent Republican election lawyer for decades, representing the party in the 2000 Florida recount and later serving as counsel for the RNC. His critique carries weight because he is not a partisan activist but a legal expert who has defended GOP positions in court.
Key Perspectives
Ben Ginsberg (GOP election law expert): He argues that the order will backfire on Republicans because older voters — a core GOP constituency — are the heaviest users of mail-in voting. He predicts internal party blowback and calls the order a strategic error.
Trump administration: Officials defend the order as a necessary safeguard against fraud, insisting that voter ID and shorter deadlines improve election integrity. They point to surveys showing public concern about fraud, even if actual incidents are rare.
Voting rights advocates and Democrats: They view the order as a voter suppression tactic aimed at reducing turnout among Democratic-leaning groups, including minorities and young voters. They argue that the order will disenfranchise legitimate voters without addressing any real problem.
What to Watch
- Legal challenges: Multiple lawsuits have been filed; watch for preliminary injunctions or stays that could halt the order in key states before the next election cycle.
- GOP reaction: Republican state legislators and governors may either support or resist the order, depending on their state's voting patterns. Watch for public statements from GOP leaders in states with high mail-in usage like Florida, Arizona, and Pennsylvania.
- Midterm election turnout: The 2026 midterms will be the first major test of the order's effects. Analysts will track absentee ballot requests and rejection rates to gauge the real-world impact on voter participation.