NEW YORK (AP) — President Donald Trump signed a broad executive order on Tuesday introducing major changes to U.S. election procedures, including requiring proof of citizenship to register to vote in federal elections and mandating that all ballots be received by Election Day.
The executive action asserts that the U.S. has failed to “enforce basic and necessary election protections,” and directs federal agencies to work with state election officials to share voter data and investigate election crimes. States that do not comply with the new rules could face the loss of federal funding.
The order reflects Trump’s longstanding skepticism of U.S. election systems and his repeated, unfounded claims that voter fraud contributed to his 2020 election loss to Joe Biden. It is expected to face immediate legal challenges, as states have constitutional authority to set many of their own election rules.
Key Provisions of Trump’s Executive Order:
- Proof of Citizenship: Requires documentary evidence of citizenship to register for federal elections, bypassing congressional approval of the pending Safeguard American Voter Eligibility Act (SAVE Act).
- Ballot Deadlines: Mandates that all votes must be cast and received by Election Day, ending the practice in 18 states and Puerto Rico where mailed ballots postmarked by Election Day are accepted afterward.
- Federal Data Sharing: Directs agencies like the Department of Homeland Security and Social Security Administration to provide data to state election officials to identify noncitizens on voter rolls.
- Election Crime Prosecution: Instructs the Attorney General to prioritize prosecuting election-related crimes, particularly in states that do not cooperate with federal data-sharing requests.
- Voting System Changes: Orders the Election Assistance Commission (EAC) to revise voting system guidelines, including barring the use of QR codes or barcodes to tally votes.
Supporters Praise, Critics Condemn
Supporters argue the executive order strengthens election integrity. Rep. Bryan Steil (R-Wis.), who chairs the House committee overseeing elections, called it a “welcome action to secure our elections and prevent foreign influence.”
Georgia Secretary of State Brad Raffensperger, who defended Georgia’s 2020 election results against Trump’s claims of fraud, praised the move as a “great first step for election integrity reform nationwide.”
However, Democrats and voting rights advocates swiftly denounced the order. Colorado Secretary of State Jena Griswold called it an “unlawful weaponization of the federal government,” while Rep. Joe Morelle (D-N.Y.) labeled the measure “immoral and illegal.”
Prominent Democratic election attorney Marc Elias vowed legal action, stating on social media, “This will not stand. We will sue.”
Concerns Over Voter Disenfranchisement
Voting rights organizations warn that the proof-of-citizenship requirement could disenfranchise millions of eligible voters. According to a 2023 Brennan Center for Justice report, approximately 21.3 million U.S. citizens—9% of the voting-age population—lack documentary proof of citizenship.
Concerns also exist for married women who have changed their names. Recent New Hampshire local elections exposed registration issues due to mismatched birth certificates listing maiden names.
Potential Legal Challenges
Legal experts say the Constitution grants states the primary authority to determine the “times, places, and manner” of elections. While Congress can regulate elections through legislation like the Voting Rights Act, the executive branch’s ability to enforce such sweeping changes without congressional approval is limited.
Justin Levitt, a constitutional law professor and former Biden White House adviser, noted that while agencies like the Election Assistance Commission play a supporting role, the federal government’s ability to override state election laws through executive action is uncertain.
Political and Legal Fallout
The executive order escalates Trump’s broader election integrity campaign. It comes alongside the Republican National Committee’s new nationwide effort to scrutinize voter rolls, with public records requests sent to 48 states and Washington, D.C.
Trump, as he signed the order, reaffirmed his position that the U.S. election system is vulnerable to fraud:
“This will end it, hopefully,” he said, adding that more election actions are forthcoming in the weeks ahead.
Legal experts anticipate multiple lawsuits, setting up a potential battle over voting rights and executive power that could reach the Supreme Court.