President Donald Trump has enacted a new executive order mandating that prospective voters present proof of citizenship to register to vote. This directive proposes significant alterations that test the extent of presidential authority.
Voting rights advocates express concern that these new measures could disenfranchise millions of eligible voters if implemented, arguing that President Trump does not possess the necessary legal authority to enforce such changes. The order contends that the United States is not adequately enforcing essential election protections.
This order proposes modifying the federal voter registration form to include a requirement for citizenship verification through documents like passports, which voters must present to a local or state authority. While states traditionally have broad discretion over the conduct of their elections, the federal government generally establishes minimum standards for federal contests, typically through legislative measures.
The directive also instructs states to purge noncitizens from voter rolls and encourages data sharing between states and federal agencies to prosecute electoral offenses. This expands federal oversight by allowing federal agency heads to evaluate state voter rolls for compliance with federal standards. Federal agencies are further directed to share relevant data, such as immigration and Social Security records, to assist states in verifying the eligibility of registered voters.
Voting rights organizations caution that outdated databases might mistakenly categorize naturalized citizens as noncitizens. Previous state attempts to remove noncitizens from voter rolls have occasionally included lawful U.S. citizens.
The new executive order additionally aims to prevent states from counting mail-in or absentee ballots received after Election Day by withholding federal funding from states that permit this practice.
Ahead of the 2024 elections, former President Trump and his allies made unsubstantiated claims about significant numbers of noncitizens participating in voting. The current federal registration form requires individuals to declare, under oath and penalty of perjury, their U.S. citizenship and eligibility to vote. Registrants must provide a driver’s license, state ID number, or Social Security number. Voting fraudulently can result in severe penalties, including imprisonment, fines, or deportation. Historical examinations and research indicate such fraudulent voting instances are exceedingly rare.
Despite this, Republican policymakers prioritize legislation requiring documentary proof of citizenship, a concept incorporated into the Safeguard American Voter Eligibility Act or SAVE Act, a Republican-backed bill. While House Republicans plan to advance the legislation, its prospects in the Senate appear tenuous.
President Trump’s executive order suggests he is acting independently of Congress. Nonetheless, legal specialists assert that the president does not have the executive authority to implement the changes outlined in the order, which they say conflicts with established federal voting law.
Sean Morales-Doyle, of the Brennan Center for Justice, described the order as legally untenable on numerous grounds. He highlighted that while the executive order instructs the Election Assistance Commission to revise the federal voter registration form, the president cannot direct this independent, bipartisan commission.
The requirement for documentary proof of citizenship, if enacted, would significantly alter voter registration procedures. Although the order explicitly targets individuals using the federal voter registration form, it remains unclear whether it would also compel states to adopt similar requirements for their registration processes by threatening to withhold federal funds.
The order specifies limited methods for proving U.S. citizenship, including presenting a U.S. passport, a REAL ID-compliant identification showing citizenship, or a military ID indicating citizenship. It mentions a government-issued photo ID that indicates U.S. citizenship or is accompanied by proof of citizenship but does not clarify whether birth certificates are acceptable. Morales-Doyle noted the absence of birth certificates in the order aligns with another Trump order that aims to end birthright citizenship.
Currently, approximately half of Americans hold a U.S. passport, and only five states offer enhanced driver’s licenses that serve as proof of citizenship.
