US President Donald Trump on Tuesday enacted a significant executive action aimed at overhauling elections in the US. This includes a requirement for documentary proof of citizenship to register to vote in federal elections and a mandate that all ballots be received by Election Day.
The executive order claims that the US has failed “to enforce basic and necessary election protections” and urges states to collaborate with federal agencies to share voter lists and prosecute election crimes. It also threatens to withdraw federal funding from states that do not comply with these directives.
This move, likely to face immediate legal challenges due to states’ broad authority to establish their own election regulations, aligns with Trump’s longstanding criticism of election processes.
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Trump frequently asserts that elections are rigged, often even before results are announced. He has engaged in disputes regarding specific voting methods since his defeat in the 2020 election to Democrat Joe Biden, falsely attributing his loss to widespread fraud.
Particularly focused on mail voting, Trump argues—without evidence—that it is insecure and prone to fraud, despite its popularity among voters, including Republicans. Although instances of fraud occur, they are rare, limited in scope, and frequently prosecuted.
The requirement for documentary proof of citizenship in this order indicates that the president is not waiting for congressional Republicans to advance their long-anticipated Safeguard American Voter Eligibility Act, or SAVE Act, which aims to achieve the same objective.
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Republicans have defended this measure as essential to restoring public confidence in elections. Voting in federal elections by non-citizens is already illegal and can lead to felony charges and deportation.
Voting rights advocates have raised concerns that this requirement could disenfranchise many individuals. A 2023 report by the Brennan Center for Justice indicates that about nine percent of US citizens of voting age—approximately 21.3 million people—do not readily possess proof of citizenship.
Additional concerns exist that married women who have changed their names might encounter difficulties registering due to their birth certificates reflecting their maiden names. Such issues were reported in recent town elections in New Hampshire, which implemented a new state law mandating proof of citizenship for voter registration.
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Trump’s order directs federal agencies, including the Department of Homeland Security, the Social Security Administration, and the State Department, to collaborate with election officials by sharing federal data that may assist in identifying non-citizens on voter rolls.
It also instructs the attorney general to prioritize the enforcement of federal election integrity laws in states that fail to communicate information regarding suspected election crimes to the federal government.
The order seeks to ensure that votes are “cast and received” by Election Day and stipulates that federal funding should be contingent upon state compliance. Presently, 18 states and Puerto Rico accept mailed ballots received after Election Day as long as they are postmarked on or before that date, according to the National Conference of State Legislatures.
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Trump’s order is expected to encounter legal challenges, as the Constitution grants states the authority over elections. Although Congress holds the power to regulate voting—and has enacted laws like the Voting Rights Act—the Constitution clearly designates states as having primary authority to determine the “times, places, and manner” of elections.
Colorado’s Democratic Secretary of State, Jena Griswold, condemned the order as an “unlawful” weaponization of the federal government, asserting that Trump aims to complicate voters’ ability to advocate for themselves at the ballot box.
Marc Elias, a Democratic attorney who has been a target of Trump’s criticism, vowed on social media that “This will not stand. We will sue.”
Justin Levitt, a constitutional law expert and former White House senior policy adviser during the Biden administration, noted that the executive branch possesses some authority over elections, with certain federal agencies providing election support, including the US Election Assistance Commission, which allocates federal grant money to states and administers a voluntary certification program for voting systems. The US Cybersecurity and Infrastructure Security Agency also aids election officials in safeguarding their systems.
In 2021, former President Biden issued an executive order instructing federal agencies to enhance voter registration efforts, which sparked accusations of federal overreach from Republicans. Trump has since rescinded that order.
Trump’s directive also calls for the Election Assistance Commission to revise its guidelines for voting systems, prioritizing those that offer voters a paper record of their cast ballots. It states that the commission should condition state funding on adherence to these new guidelines, which could influence states such as Georgia, which currently utilizes a barcode-based vote tallying system.
Georgia’s Republican Secretary of State, Brad Raffensperger, expressed support for Trump’s order, describing it as a “great first step for election integrity reform nationwide.”
“Thank you, President Trump, for this executive order ensuring that only American citizens decide American elections,” Raffensperger added.
Representative Bryan Steil of Wisconsin, who chairs the House committee overseeing elections, welcomed the order as a “positive action to secure our elections and prevent foreign influence.”
Mike Lindell, a Trump ally known for promoting election conspiracies, seized the news to fundraise, claiming it would remedy our “sick elections.”
Trump’s executive order coincides with the Republican National Committee’s extensive effort to investigate voter registration list maintenance across the country. The committee recently filed public records requests in 48 states and Washington, DC, asserting that citizens should be informed about how states are purging ineligible individuals from voter rolls, including deceased individuals and non-citizens.
As he signed the order Tuesday, Trump referenced election fraud, stating, “this will end it, hopefully.” He also indicated that further election-related actions would be forthcoming.
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