Former U.S. President Donald Trump signed a sweeping executive order on Tuesday aimed at overhauling the American election system. The order mandates proof-of-citizenship documentation when registering to vote in federal elections and requires that all ballots be received by election day.
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03-26, 2025The executive order claims that the U.S. has failed to "enforce basic and necessary election safeguards" and calls for states to cooperate with federal agencies to share voter rolls and prosecute election crimes. The order also threatens to withhold federal funding from state election officials who do not comply.
The move is expected to face swift legal challenges, as states have broad authority in setting their own election rules. However, the action is consistent with Trump's long-standing attacks on the election process. He has frequently claimed elections are rigged, even before the results were announced, and has battled certain voting methods since losing the 2020 election to Democrat Joe Biden, falsely blaming them for widespread fraud.
Trump has focused particularly on mail-in voting, claiming without evidence that it is insecure and prone to fraud, though he has shifted his stance on the issue given the popularity of mail-in voting among voters, including Republicans. While fraud does occur, it is rare, limited in scope, and subject to prosecution.
The executive order's requirement for proof of citizenship suggests that Trump is not waiting for congressional Republicans to pass their long-awaited "SAVE Act," or "Secure America's Voter Eligibility Act," which aims to achieve the same goal. Republicans argue that the measure is necessary to restore public confidence in elections. It is already illegal for non-citizens to vote in federal elections, potentially leading to felony charges and deportation.
Voting rights groups have expressed concern that the requirement could disenfranchise people. A 2023 report by the Brennan Center for Justice and other groups estimated that roughly 9% of U.S. citizens of voting age, or 21.3 million people, do not have readily available proof-of-citizenship documentation. There are also concerns that married women who have changed their names will have trouble when trying to register because their birth certificates list their maiden names. Such issues arose in recent town elections in New Hampshire, which has a new state law requiring proof of citizenship to register to vote.
Trump's executive order directs federal agencies, including the Department of Homeland Security, the Social Security Administration, and the State Department, to share federal data with election officials that could help them identify non-citizens on voter rolls. The order also states that the Attorney General should "prioritize the enforcement of Federal laws relating to election integrity," for those states that do not share information about suspected election crimes with the federal government.
The order aims to require ballots to be "cast and received" on election day and states that federal funds should be conditioned on state compliance. Currently, 18 states and Puerto Rico accept mailed ballots received after election day, as long as they are postmarked on or before election day, according to the National Conference of State Legislatures.
Given the Constitution's grant of jurisdiction over elections to the states, Trump's order is likely to face legal challenges. While Congress has the power to regulate voting—and has done so, such as through laws like the Voting Rights Act—the Constitution explicitly gives states primary jurisdiction over the "times, places and manner" of elections.
Colorado's Democratic Secretary of State Jena Griswold called the order an "illegal" weaponization of the federal government, saying Trump "is trying to make it harder for Americans to fight back at the ballot box." Democratic lawyer Marc Elias, who has been a target of Trump's ire, responded to the order on social media, saying "This won't stand. We will sue."
Justin Levitt, a constitutional law expert and former senior policy advisor in the Biden administration's White House, said that the executive branch does have some authority over elections. He said some federal agencies provide election support, including the U.S. Election Assistance Commission, which distributes federal grants to states and runs a voluntary certification program for voting systems. The U.S. Cybersecurity and Infrastructure Security Agency helps election officials protect their systems.
Former President Biden issued an executive order in 2021 directing federal agencies to take steps to promote voter registration, drawing the ire of Republicans who called it federal overreach. Trump has rescinded that order.
Trump's order calls for the Election Assistance Commission to rewrite its voting system guidelines, including prioritizing systems that provide voters with a paper record of their vote. The order states that the commission should tie funding allocated to states to these new guidelines, which could affect states like Georgia that use barcode-based vote tabulation systems.
Despite this, Georgia's Republican Secretary of State Brad Raffensperger gave a positive response to Trump's order, calling it "a good first step in national election integrity reform." Raffensperger said, "Thank you to President Trump for this executive order ensuring that only American citizens decide American elections."
Wisconsin Assembly Representative Bryan Steil, chairman of the House committee overseeing elections, said the order was a "welcome action to secure our elections and prevent foreign interference." Trump ally Mike Lindell, who spreads election conspiracy theories and wants to ban voting systems in favor of hand counting, used the news to fundraise on Tuesday, saying in an email that it would fix our "sick elections."
Trump referenced election fraud when signing the order on Tuesday, saying, "This will end it, hopefully." He added that more election actions would be taken in the coming weeks.
