NEW YORK (AP) — President Donald Trump signed a comprehensive executive order on Tuesday to reform elections in the U.S., which includes mandating documentary proof of citizenship for voter registration in federal elections and stipulating that all ballots must be received by Election Day.
The order points out that the U.S. has failed “to enforce basic and necessary election protections” and urges states to collaborate with federal agencies to share voter data and take action against election crimes. It threatens federal funding cuts for states that do not comply with these demands.
This initiative is expected to encounter quick legal challenges, as states retain significant authority over their election procedures. It aligns with Trump’s long history of criticizing election integrity. He frequently asserts that elections are being manipulated, even before results are available, and has contested several voting methods since losing the 2020 presidential election to Democrat Joe Biden, falsely attributing his loss to widespread fraud.
Trump has specifically targeted mail-in voting, contending without evidence that it is prone to fraud and insecurity, despite acknowledging its popularity among voters, including Republicans. While fraudulent activities do occur, they are rare, limited in extent, and subject to prosecution.
The executive order’s requirement for documentary proof of citizenship indicates that the president is not waiting for congressional Republicans to advance the long-hoped-for Safeguard American Voter Eligibility Act, or SAVE Act, which seeks to implement similar measures.
Republicans assert that this measure is crucial for restoring public trust in elections. Voting in federal elections by noncitizens is already illegal and can lead to felony charges and deportation.
However, voting rights advocates warn that this requirement could disenfranchise many eligible voters. A 2023 report by the Brennan Center for Justice and other organizations estimates that about 9% of U.S. citizens of voting age, totaling around 21.3 million people, do not have immediate access to proof of citizenship.
There are also concerns that married women who have changed their names may face issues during registration because their birth certificates feature their maiden names. Such complications occurred in recent town elections in New Hampshire, where a new state law mandates proof of citizenship for voter registration.
Trump’s order instructs 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 can assist in identifying noncitizens on voter rolls.
Additionally, it directs the attorney general to “prioritize enforcement of federal election integrity laws” in states that fail to report suspected election crimes to the federal government.
The order aims to require that votes be “cast and received” by Election Day and states that federal funding should be contingent 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 that date, according to the National Conference of State Legislatures.
Legal challenges to Trump’s order are anticipated, given that the Constitution grants states the primary authority over elections. Although Congress can regulate voting — having enacted laws like the Voting Rights Act — the Constitution clearly delineates that states set the “times, places, and manner” for elections.
Colorado’s Democratic Secretary of State, Jena Griswold, denounced the order as an “unlawful” use of the federal government and accused Trump of attempting to make it harder for voters to express their will at the ballot box.
Marc Elias, a Democratic lawyer frequently targeted by Trump, responded via social media to the order, stating, “This will not stand. We will sue.”
Justin Levitt, a constitutional law expert and former senior policy advisor in the Biden administration, noted that the executive branch does hold some authority over elections. Certain federal agencies, including the U.S. Election Assistance Commission, provide support, including distributing federal grants to states and overseeing a voluntary voting systems certification program. The U.S. Cybersecurity and Infrastructure Security Agency helps protect election systems.
In 2021, former President Biden issued an executive order directing federal agencies to enhance voter registration, which prompted criticism from Republicans who viewed it as overreaching. Trump has since rescinded that order.
Trump’s new order prompts the Election Assistance Commission to update guidelines for voting systems, particularly those that ensure voters receive a paper record of their ballots. It also specifies that funding allocated to states should be contingent on adherence to these new guidelines, potentially impacting states like Georgia that rely on a barcode-based vote counting system.
Georgia’s Republican Secretary of State, Brad Raffensperger, praised Trump’s order, calling it 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 declared.
Rep. Bryan Steil of Wisconsin, leading the House committee responsible for overseeing elections, called the order a “welcome action to secure our elections and prevent foreign influence.”
Trump ally Mike Lindell, known for disseminating election conspiracies, seized on the news, fundraising by asserting it would rectify the “sick elections” issue.
This executive order from Trump emerges as the Republican National Committee embarks on a significant initiative to investigate voter registration maintenance across the nation. The committee has initiated public record requests in 48 states and Washington, D.C., demanding documentation regarding how states remove ineligible individuals from voter rolls, including deceased individuals and noncitizens.
As he signed the order, Trump referenced election fraud, stating, “this will end it, hopefully.” He indicated that further election-related actions would follow in the upcoming weeks.
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Cassidy reported from Atlanta. Associated Press writer Will Weissert in Washington contributed to this report.
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