President Donald Trump issued an executive order on Tuesday with the goal of reforming the US election system, stating that the nation has “failed to enforce essential and fundamental election protections.” This initiative coincides with the Republican National Committee (RNC) initiating a nationwide effort to assess voter registration maintenance. The RNC has sent out public records requests this week for documents concerning the management of voter rolls in 48 states and Washington, DC, insisting on transparency regarding how states are removing ineligible individuals from voter lists, including deceased persons and non-citizens.
Trump further announced that “more election actions” will be forthcoming in the next few weeks.
India cited in executive order
The order specifically cites India and Brazil as examples of countries that have implemented sophisticated voter identification systems. “Despite being pioneers in self-governance, the United States has failed to implement basic and necessary election protections utilized by both developed and developing nations. For instance, India and Brazil are linking voter identification to biometric databases, while the United States predominantly relies on self-attestation for citizenship,” the order states.
Voter lists
As part of the reform, states are mandated to prosecute election-related crimes and collaborate with federal agencies by sharing voter lists. States failing to comply with the directive will forfeit federal funding. Additionally, the order instructs the attorney general to “prioritize the enforcement of federal election integrity laws” in states that do not report suspected election crimes to the federal government.
Documentary proof of US citizenship
To prevent non-Americans from voting in federal elections—currently illegal and potentially leading to felony charges and deportation—the order mandates voters to provide documentary evidence of their US citizenship. Agencies such as the Department of Homeland Security, the Social Security Administration, and the State Department must share federal data to assist election officials in identifying non-citizens on state voter rolls.
However, voting rights organizations have raised concerns that this citizenship verification requirement could lead to the disenfranchisement of many individuals. A 2023 report by the Brennan Center for Justice and others indicates that approximately 9% of American citizens of voting age, totaling around 21.3 million (2.13 crore) people, lack readily available proof of citizenship.
Furthermore, concerns have been voiced regarding married women who have changed their names facing difficulties while registering due to their birth certificates bearing maiden names. Such complications have been observed in recent town elections in New Hampshire, where new state legislation mandates proof of citizenship for voter registration.
Votes to be ‘polled and received’ by Election Day
The order aims to ensure that votes are “cast and received” by Election Day, stating that federal funding should be contingent upon state compliance. Currently, 18 states and Puerto Rico accept mailed ballots that arrive after Election Day as long as they are postmarked on or before that date, according to the National Conference of State Legislatures.
Vote counting
Trump’s order calls upon the Election Assistance Commission to “amend” voting system regulations to “protect” the integrity of elections, including guidelines that prohibit the use of barcodes or QR codes in the vote counting process. Virtually all in-person voters in Georgia, and many others in various states, utilize voting machines equipped with large touchscreens to record votes. These machines subsequently print a paper ballot that includes a readable summary of the voter’s selections along with a QR code, a type of barcode, which is read by scanners to tally the votes.
Legal challenges anticipated
This action is expected to face legal challenges, as the US Constitution grants states the authority to conduct elections. While Congress can regulate voting, the Constitution delineates that states hold primary authority to determine the “times, places, and manner” of elections. Already, at least one Democratic attorney has indicated intentions to pursue legal action. Marc Elias, a frequent target of Trump’s criticism, remarked on social media, “This will not stand. We will sue.”
