UJ
—
On Tuesday, President Donald Trump enacted an executive order aimed at enhancing proof of citizenship requirements for voter registration. Critics argue that this measure could disenfranchise lower-income and elderly voters who may lack easy access to necessary citizenship documents such as passports or birth certificates.
Republican lawmakers have for years pushed for the mandatory submission of such documents for voter registration. However, a significant obstacle has been a Supreme Court decision that requires states to accept the standard voter registration form provided by the US Election Assistance Commission, which does not currently mandate proof of citizenship.
The executive order instructs the EAC to implement this requirement and to cut election funding from states that fail to enforce it for voters who register using the federal form. The EAC currently consists of an equal number of Democratic and Republican appointees.
“The U.S. Election Assistance Commission is thoroughly reviewing the President’s Executive Order and evaluating the subsequent steps to strengthen the integrity of voter registration and both state and federal elections,” stated EAC Chairman Donald Palmer. “We also plan to consult with state and local election officials.”
Additionally, the order mandates the Department of Homeland Security to collaborate with Elon Musk’s Department of Government Efficiency to assess state voter rolls in an attempt to identify foreign nationals and to provide that information to state and local election officials.
This directive is likely to raise concerns among voting rights advocates, who assert that DHS immigration databases are inappropriate for vetting voter rolls without appropriate safeguards, potentially leading to the wrongful identification of naturalized citizens for voter roll purges.
The order enables significant changes to electoral practices that conservatives have long advocated, leveraging Trump’s unfounded claims of widespread fraud during the 2020 election. The full impact of this order will remain uncertain until it is enacted, and some aspects may face legal challenges.
Elections are primarily managed by state and local authorities, with the federal government playing a limited role. Nevertheless, Trump’s order employs various methods, including the threat of withholding federal funding, to promote changes in election policies that Republicans argue will enhance election security. Conversely, opponents claim that such measures create unnecessary obstacles for legitimate voters.
Richard Hasen, an election law expert from UCLA, referred to Trump’s order in a blog post as “an executive overreach” with the potential to disenfranchise millions. “The goal here is straightforward voter suppression,” he stated.
Colorado Secretary of State Jena Griswold, a Democrat, criticized the order, stating, “Trump’s executive order is unlawful. It would hinder eligible Americans from exercising their fundamental right to vote. The Trump administration is weaponizing the federal government to create barriers for voters seeking to assert their rights at the polls.”
The order received praise from conservative organizations, including the Heritage Foundation. “President Trump is finally taking the necessary steps to mobilize federal resources from agencies like the Departments of Homeland Security and Justice to assist states, rather than obstruct their efforts for election reform,” remarked Hans von Spakovsky, manager of Heritage’s Election Law Reform Initiative.
The order also simplifies the process for states to access federal databases for their voter list maintenance activities.
In addition, Trump is directing his attorney general to pursue “enforcement actions” against states that allow mail-in ballots to be counted if they arrive after Election Day. Currently, about 20 states, including some crucial battlegrounds, follow this practice, which has been the focus of GOP legal challenges leading up to the 2024 election, even though many of these states require ballots to be postmarked by Election Day.
UJ’s Fredreka Schouten contributed to this report.
