United States President Donald Trump signed an executive order on Tuesday to overhaul elections in the U.S. The executive order calls for the requirement of documentary proof of citizenship to register to vote in federal elections and demands that all ballots be received by Election Day.
According to news agency AP, the order says that Washington has failed “to enforce basic and necessary election protections” and calls on states to work with federal agencies to share voter lists and prosecute election crimes. It threatens to pull federal funding from states where election officials don’t comply.
Trump’s latest move, which is likely to face criticism and challenges as states have broad authority to set their own election rules, is consistent with his long history of railing against election processes.
The US President often claims elections are being rigged, even before the results are known, and has waged battles against certain voting methods since he lost the 2020 election to Democrat Joe Biden and falsely blamed it on widespread fraud. He has focused particularly on mail voting, arguing without evidence that it’s insecure and invites fraud even as he has shifted his position on the issue given its popularity with voters, including Republicans.
While fraud occurs, it’s rare, limited in scope and gets prosecuted. The order’s documentary proof of citizenship requirement signals that the president is not waiting for congressional Republicans to pass their long-anticipated Safeguard American Voter Eligibility Act, or SAVE Act, which has aimed to do the same thing.
Republicans have defended that measure as necessary to restore public confidence in elections. Voting in federal elections by noncitizens is already illegal and can result in felony charges and deportation. Voting rights groups have expressed concerns that the requirement could disenfranchise people.
An estimated 9% of U.S. citizens of voting age, or 21.3 million people, do not have proof of citizenship readily available, AP reported, citing figures from a 2023 report by the Brennan Center for Justice and other groups.
There are also concerns that married women who have changed their names will encounter trouble when trying to register because their birth certificates list their maiden names. A similar case took place in recent town elections in New Hampshire, which has a new state law requiring proof of citizenship to register to vote.
Trump’s order directs federal agencies including the Department of Homeland Security, the Social Security Administration and the State Department to share with election officials federal data that could help them identify noncitizens on their rolls.
It also says the attorney general should “prioritize enforcement of federal election integrity laws” in states that don’t share information about suspected election crimes with the federal government. The order aims to require votes to be “cast and received” by Election Day and says federal funding should be conditional on state compliance. Currently, 18 states and Puerto Rico accept mailed ballots received after Election Day as long they are postmarked on or before that date, according to the National Conference of State Legislatures.Trump’s order is likely to face legal challenges, given that the Constitution gives authority over elections to the states.
While Congress has the power to regulate voting — and has done so to pass such laws as the Voting Rights Act — the Constitution makes clear that states have primary authority to set the “times, places and manner” for elections.
(With agency Inputs)