‘Blatantly illegal’: Jay Jones threatens legal action after Trump creates new restrictions on mail-in voting

RICHMOND, Va. (WRIC) -- Virginia's top attorney is calling President Donald Trump's latest executive order, which places restrictions on mail-in voting, a "blatantly illegal and malicious attempt to block access to the ballot."

On Tuesday, March 31, Trump issued an executive order titled "Ensuring Citizenship Verification and Integrity in Federal Elections," which creates new regulations surrounding mail-in voting.

Election integrity and claims of widespread voter fraud have been a major talking point of the Trump administration for years, with absentee voting methods receiving particular scrutiny.

Notably, Trump recently voted by mail in a Florida special election, according to Politico.

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In Virginia, any voter who is interested in voting by mail has the option to do so. The state offers a "Permanent Absentee List," through which residents can sign up to automatically receive absentee ballots by mail for any and all elections they are eligible to vote in.

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In each of Virginia's general elections since 2021, between 9.9% and 11.1% of voters cast their ballots by mail, according to the Virginia Public Access Project (VPAP). Over 300,000 mail-in ballots were returned during the November 2025 General Election alone, per state election data.

Between 2020 and 2024, the Virginia Department of Elections received just 197 complaints of potential voter fraud, according to its 2024 post-election report.

So what does Trump's new executive order do?

In Friday's executive order, Trump directs federal agencies to establish a process for creating "State Citizenship Lists" for each American state ahead of federal elections.

"The State Citizenship List shall be derived from federal citizenship and naturalization records, SSA records, SAVE data and other relevant federal databases," the order reads.

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Each list is to contain all residents who are citizens and will be over the age of 18 at the time of an upcoming federal election. They are then to be sent out to states no later than 60 days prior to each federal election.

The U.S. Postal Service (USPS) is then to withhold absentee or mail-in ballots from anyone who is not listed.

These measures are reportedly necessary to "enhance election integrity via the United States Mail," per the order.

Virginia leaders react, AG promises legal action

In a statement, Attorney General Jay Jones (D) voiced his firm opposition of Trump's executive order, saying:

“Virginia will stand up to this. In court. The President’s latest executive order is a blatantly illegal and malicious attempt to block access to the ballot. His order restricting mail-in voting is riddled with legal fallacies and authoritarian directives -- it will be challenged and it will be defeated.

Virginia will not stand by while the President continues to erode and undermine our democracy. I look forward to joining Attorneys General across the nation in challenging this order and fiercely defending the right to vote.”

Sen. Lamont Bagby (D-Richmond), chairman of the Democratic Party of Virginia, also issued a statement, which reads, in part:

"Right now, the Trump administration is doing everything they can to undermine our free and fair elections. Clearly, Trump and his party can see that voters are rejecting their extreme, authoritarian policies."