Sweeping Changes to Voting Procedures
President Trump has signed a new executive order titled "Preserving and Protecting the Integrity of American Elections" that would require prospective voters to show proof of U.S. citizenship to register to vote. This represents one of the most significant federal interventions in state election administration in recent history.
Key Provisions of the Executive Order
To prevent non-Americans from voting in a federal election – an act that is already illegal and punishable by prison time and deportation – the order requires voters to submit official proof of US citizenship, such as a US passport or a birth certificate. The order also mandates that all mail ballots must be received by Election Day to be counted.
Federal Agency Involvement
Federal agencies, including the Department of Homeland Security, will be required to share data to help state officials identify non-citizens on voter rolls. This represents a significant expansion of federal involvement in what has traditionally been state-administered election processes.
Legal Challenges and Authority Questions
Legal experts say that he does not have the authority through executive order to make such changes, and the order conflicts with existing federal voting law. "It's illegal at many different levels," said Sean Morales-Doyle, the voting rights director at the Brennan Center for Justice.
Impact on Different Voting Methods
- Mail-in voting deadlines standardized across all states
- Documentary proof requirements for voter registration
- Enhanced verification processes for citizenship status
- Increased federal oversight of state voter rolls
- New requirements for Election Assistance Commission
State Variations and Current Law
According to the National Conference of State Legislatures, 18 states, including battleground states, currently accept mail-in ballots that arrive after Election Day, provided they are postmarked on or before that day. The new order would eliminate this flexibility.
Voting Rights Advocacy Response
Voting rights advocates worry the new provisions could block millions of Americans from voting if enacted. Critics argue that requiring documentary proof of citizenship could disproportionately affect certain populations, including naturalized citizens, elderly Americans, and those who have lost important documents.
Congressional Context
The executive order borrows heavily from the Safeguard American Voter Eligibility Act, known as the SAVE Act, a Republican-backed bill. House Republicans have signaled that they intend to pass it in their chamber but it faces difficult odds in the Senate.
The implementation of this executive order will likely face numerous legal challenges and could reshape the landscape of American election administration, testing the balance between federal oversight and state authority in election management.
