President Donald Trump signed an executive order on March 25 aimed at enhancing proof of citizenship requirements for voter registration nationwide.
This order marks a notable change in federal election policy, potentially affecting voter registration processes and individuals lacking immediate access to citizenship documents.
The executive order instructs the U.S. Election Assistance Commission (EAC) to amend the federal voter registration form to necessitate documentary proof of citizenship, like passports or birth certificates, revising the current form that does not require such documentation.
The order also stipulates withholding election funding from states that fail to implement this requirement for federal form registrants.
Previously, a Supreme Court ruling required states to accept the EAC’s generic voter registration form for federal elections. Trump’s order seeks to bypass this by altering the federal form’s requirements.
The order further directs the Department of Homeland Security to work with Elon Musk’s Department of Government Efficiency to scrutinize state voter rolls to identify foreign nationals registered to vote, notifying state and local officials of any findings.
Moreover, the directive instructs the Attorney General to take “enforcement action” against about 20 states, including several key battlegrounds, that accept mail ballots postmarked on or before Election Day but received after.
In response, EAC Chairman Donald Palmer stated, “The U.S. Election Assistance Commission is carefully reviewing the President’s Executive Order and determining the next steps in enhancing the integrity of voter registration and state and federal elections.” He added that the commission plans to consult with state and local election officials.
The order has generated significant concern among voting rights advocates and Democratic officials, who argue that requiring proof of citizenship documentation could disenfranchise eligible voters, particularly from vulnerable groups.
Colorado Secretary of State Jena Griswold criticized the order, stating, “Trump’s executive order is unlawful. It would prevent eligible Americans from exercising their sacred right to vote. The Trump administration is weaponizing the federal government and trying to make it harder for voters to fight back at the ballot box.”
Richard Hasen, an election law expert at the University of California, Los Angeles, described the order as “an executive power grab” in a blog post, warning it could “disenfranchise millions of voters” and characterizing it as “voter suppression pure and simple.”
Voting rights advocates have expressed particular concern about the DHS directive to review voter rolls, arguing that immigration databases may not be suitable for such use and could wrongly flag naturalized citizens for removal without proper safeguards.
Conservative groups have endorsed the order. Hans von Spakovsky from the Heritage Foundation’s Election Law Reform Initiative praised the initiative, stating that President Trump was taking necessary steps to reform the election process.
The order also allows state access to federal databases for voter roll maintenance, which may be welcomed by Republican-led states advocating stricter voting requirements.
While the executive order outlines significant changes to election practices, its full impact will not be clear until implementation begins. Elections in the U.S. are primarily managed by state and local officials, with the federal government’s role being limited. Trump’s order uses tools, including the threat of withholding federal funding, to push for changes in election policies.
Some parts of the order may face legal challenges as implementation progresses, particularly given existing Supreme Court precedent on voter registration requirements.
