This story was produced as part of the Colorado Capitol News Alliance. It first appeared at cpr.org.
If President Donald Trump gets his way, Colorado’s all-mail voting system will be a thing of the past.
Over the weekend, Trump said on social media he would not sign any bills sent to him unless Congress passes the SAVE America Act, with some changes, such as including “No mail-in ballots, except for illness, disability, military or travel.”
That would be in direct opposition to Colorado’s all-mail voting system, signed into law in 2013 by then-Gov. John Hickenlooper.
“By any measure, cost, turnout, security, it's a better way to vote,” Hickenlooper told CPR News. “I'm frustrated and perplexed that it’s become such an issue.”
What would it mean for Colorado’s all-mail ballot law?
Under the Constitution, states are given primary authority to determine the “times, places and manner of holding elections.” But there’s a clause that gives Congress a say.
“There’s a comma, and the Constitution then says, but the Congress may pass regulations if they would like, changing the state laws,” explained Douglas Spencer, professor of law at the University of Colorado. He specializes in election law, and said the executive branch doesn’t have any authority over elections, and that’s why he’s been pushing for Congress to act.
“In terms of having constitutional validity to affect the way that elections are run, that power resides in Congress,” he said.
But if the SAVE America Act becomes law, and federal and state laws conflict, federal law would prevail.
“It’s called preemption,” said Andrew Garber, counsel with the Brennan Center’s Voting Rights and Elections Program. “If Congress does pass any restrictions on mail voting, those restrictions would apply in every state. And the states would have to adjust their systems to accommodate them.”
That said, Garber added, Congress also has limitations.
“So there’s good reason to believe that if Congress passes aggressive measures to limit the ability of eligible Americans to vote by mail, they will be challenged in court.”
And he said he would expect many states to defend the systems they have in place.
If Fremont County Clerk Justin Grantham had a message for Congress it would be simple: “Leave how Colorado does its elections up to the people of Colorado.”
“If we’re a government of the people and by the people, let the people decide,” he said, “And then do your audits.”
Could Trump pass an executive order to end mail-in voting?
Legal scholars say no.
Both Spencer and Garber also pointed out an executive order Trump signed in March 2025, Preserving and Protecting the Integrity of American Elections, has been challenged in court, with different courts blocking different sections of the order from going into effect. Limiting mail-in voting was not part of the order.
What would it take for Colorado to change its voting system?
Jenny Thomas, the unaffiliated Routt County Clerk and Recorder, said a shift to more in-person voting would require a lot of work. Counties would need “to evaluate additional polling locations, additional staffing, equipment, voter education, staff education,” and educate Colorado voters who have been voting by mail for well over a decade now.
“It would be a major lift to try and get it implemented in 2026,” she added.
Especially if the federal government doesn't provide any funding to implement the changes and cover the costs. The SAVE America Act, as currently written, does not include funding for states.
“You’re going to have to hire all those extra additional (election) judges. You’re now going to have to find the buildings and rent the buildings, especially if it’s completely in person, and now you’re going to have lines at the voting box,” Grantham said.
He said in his county, about 95 percent of voters utilize the mail ballot system, with the vast majority returning ballots to official county boxes.
Routt’s Thomas pointed out that in her county in person voting is about 2 percent “and that’s in the big even-year elections.”
Thomas, who is set to be president of the Colorado County Clerks Association next year, added “it’s anywhere from 2 to 8 percent statewide that people are voting in person.”
Thomas, who started working in the elections division in 2016, said the feedback she’s gotten from her voters is that they prefer the mail-in option.
“They have the opportunity to have their ballot, sit down, do their research, and then vote it within their time… so it’s a popular option here,” she said.
Why does Trump want to curtail mail-in voting?
Trump has been pushing to end the use of mail-in ballots for some time. During his State of the Union address last month, while he was pushing for Congress to pass the SAVE America Act, he added, “no more crooked mail-in ballots except for illness, disability, military or travel — none.”
It even came up during Trump’s press conference announcing he was moving the headquarters of Space Command from Colorado Springs to Huntsville, Alabama.
“I mean the problem with Colorado is they have a very corrupt voting system,” Trump said baselessly. “Any time you have mail-in voting, you have corrupt elections.”
He continues to falsely say that the 2020 election was stolen. With his eyes on the upcoming midterm election, where the majority tends to lose seats, he’s pushed for redistricting and tougher voting laws as a way for Republicans to try to keep the majority.
During a House Republican retreat on Monday, he told the lawmakers that election laws need to be toughened if they want to win the midterm elections. “It’ll guarantee the midterms.”
“If you don’t get it,” he said, “big trouble.”
Is mail-in voting safe in Colorado?
Yes, audits and investigations have repeatedly confirmed the accuracy and security of Colorado’s vote.
When voters in his county have concerns about the security of the voting process, Grantham talks them through the process.
“How we secure the ballots and how we verify signatures, and we audit before or we test before and we audit after that,” he said.
Routt County’s Thomas said security is something clerks take very seriously, adding she too will often talk with voters in her county who have questions about the process.
“Going over with them from Step A all the way to Step Z. So from, you know, the ballot certification to the mailing of the ballots, to the tracking of the ballots. And then what our back end process looks like when we’re processing those ballots,” she said. “And we’ve had a lot of success with that.”
Grantham, a Republican who was president of the County Clerk’s Association in 2023, said there’s always going to be a question of voter fraud, but points out usually it’s caught by the guardrails in place.
“It’s the people that are cheating, not the election that’s cheating,” he said. “So trust the process or come in and prove that it’s wrong.”
And the penalties for cheating are steep. A Douglas County woman was just sentenced to three years in prison for illegally voting for her deceased ex-husband and son.
Split rules for local and federal elections?
There is a slight chance that Congress could try to regulate only federal elections. The federal government can regulate federal elections, but state laws would still prevail when it comes to state and local races.
Grantham said that could be a difficult and confusing situation for everyone: voting in person for presidential, Senate or House races, but still being able to vote by mail for state or local offices and ballot measures.
“And that’s a very scary possibility,” Grantham added.
What’s next for the SAVE America Act?
Senate Majority Leader John Thune has said the SAVE America Act, which requires voters to provide photo identification and proof of citizenship to cast a ballot, could come up for a vote as early as next week. It would have to be amended to include the changes that Trump wants.
But Thune also acknowledged the bill does not have enough votes to advance. The Senate requires 60 votes to overcome the filibuster.
Some Republicans have suggested changing the filibuster to require speaking, which could tie up the Senate floor for weeks and possibly months. Thune also told reporters there are not enough votes in his caucus to change the process.
