President Donald Trump has issued a new executive order aimed at reshaping federal election procedures, introducing stricter requirements for voter identification and altering how states process mail-in ballots. The directive mandates that voters provide proof of citizenship and seeks to prevent states from counting mail-in ballots received after Election Day.
Critics argue that these measures could disenfranchise millions of eligible voters who lack passports or other official documents proving citizenship. Given that states have significant autonomy in conducting elections, legal experts predict the order will face swift challenges in court.
Titled “Preserving and Protecting the Integrity of American Elections,” the order was signed at the White House on Tuesday. “Election fraud. You’ve heard the term. We’re going to end it, hopefully. At least this will go a long way toward ending it,” Trump remarked during the signing.
The order asserts that the U.S. has not adequately enforced election security measures and warns states that failure to comply with the new requirements could result in a loss of federal funding. However, federal law already prohibits non-citizens from voting, and while voter registration forms require individuals to affirm their citizenship under penalty of perjury, they do not currently mandate documentary proof. Studies suggest that cases of non-citizens voting illegally are exceedingly rare.
Another major provision of the order seeks to prevent states from counting mail-in ballots arriving after Election Day. At present, 18 states permit ballots to be received beyond Election Day if they were postmarked on or before it. Should the order be enforced, federal funding could be withheld from states that do not comply with the new restrictions.
Trump has repeatedly made unsubstantiated claims about widespread voter fraud, including alleging that millions of undocumented immigrants cast ballots in the 2016 election. He has also continued to insist, without evidence, that the 2020 election was stolen from him.
Efforts to impose stricter voter ID laws have previously stalled in Congress, with opponents arguing that a significant number of Americans lack passports or other acceptable forms of identification.
Legal experts anticipate a court battle over the enforceability of the order. “The president cannot override a statute passed by Congress that says what is required to register to vote on the federal voter registration form,” said Wendy Weiser of the Brennan Center for Justice at New York University in comments to The Washington Post. Similarly, UCLA law professor Rick Hasen noted that election administration is primarily a state responsibility, and if upheld, the order would represent a major shift in power toward the federal government.
