President Donald J. Trump has signed an executive order aimed at overhauling election processes in the United States to enhance transparency, security, and compliance with federal laws. Titled “Preserving and Protecting the Integrity of American Elections,” the order introduces sweeping measures.
The executive order formally rescinds Executive Order 14019 (Promoting Access to Voting), introduced during the Biden administration in 2021. Federal agencies are instructed to cease actions related to this previous directive within 90 days.
Key Provisions of the Executive Order
The executive order outlines a comprehensive framework for improving election integrity by focusing on several critical areas:
Enforcing Federal Election Laws
The order emphasizes strict adherence to federal laws that establish a uniform Election Day. It mandates that all ballots in federal elections must be cast and received by Election Day.
Citizenship Verification for Voters
To prevent non-citizens from participating in federal elections, the order requires documentary proof of U.S. citizenship for voter registration. Acceptable documents include U.S. passports, REAL ID-compliant identification, military IDs indicating citizenship, or other government-issued photo identification accompanied by proof of citizenship. The Department of Homeland Security (DHS) is tasked with providing state election officials access to federal databases to verify voter eligibility.
Enhancing Voter Registration Accuracy
The order directs federal agencies to assist states in maintaining accurate voter rolls by sharing data from Social Security and immigration databases. It also prioritizes enforcement of laws that prohibit foreign nationals from registering or voting in federal elections.
Paper Ballots and Voting System Security
Acknowledging vulnerabilities in electronic voting systems, the order calls for a shift toward paper ballots that provide a voter-verifiable paper trail. It also prohibits the use of barcodes or QR codes in vote counting except for accessibility purposes. The Election Assistance Commission (EAC) is instructed to update voting system guidelines and re-certify equipment under stricter standards.
Prosecuting Election Crimes
The Department of Justice (DOJ) is directed to prioritize investigations and prosecutions of election-related crimes, including voter fraud, intimidation, and unlawful registration by non-citizens. States that fail to cooperate with federal investigations may face funding restrictions.
Combating Foreign Interference
The DOJ and Treasury Department are tasked with enforcing laws against foreign interference and misuse of federal funds.
Potential Impacts on Voter Turnout
- The proof-of-citizenship requirement and stricter ballot deadlines could make it more difficult for certain groups—such as immigrants, rural voters, or those with limited access to documentation—to participate.
- Enhanced security measures like paper ballots may bolster public confidence in election outcomes but could slow down vote counting processes.
Challenges for Election Officials
Election administrators across the country face tight timelines for implementing these changes:
- Updating voter registration systems within 30 days.
- Re-certifying voting equipment under new guidelines within 180 days.
- Coordinating with federal agencies for data-sharing agreements.
These requirements may strain resources and create logistical hurdles as states prepare for upcoming elections.
While Congress can modify state election rules for federal elections, the president lacks unilateral authority to impose such changes.
Under the U.S. Constitution, states primarily hold the authority to run and regulate elections, including federal elections, but Congress retains a secondary role with the power to modify or override state regulations under certain circumstances.
Congress can enact laws that supersede state regulations in cases of legislative neglect or refusal to hold elections. Historically, federal involvement has been limited but includes major legislation like the Voting Rights Act and Help America Vote Act to ensure fairness and prevent discrimination.
The Framers designed this division of powers as a safeguard against potential abuses by either level of government. States cannot enact election laws that violate other constitutional provisions or attempt to dictate electoral outcomes unfairly.
According to Brookings,
Non-Citizen Voting
A review by the CATO Institute in 2020 corroborated that non-citizens vote in such negligible numbers that they cannot influence election outcomes.
In 2016, the Brennan Center for Justice found only 30 suspected cases of non-citizen voting out of 23.5 million votes cast, representing just 0.0001% of the total votes.
Access to Required Documentation
- According to the 2024 Survey of the Performance of American Elections, only 48% of respondents reported possession of an unexpired passport with their legal name.
Voting Machines and Ballot Tabulation
- The vast majority of states currently use machines that print paper ballots with QR codes for electronic tabulation. These systems have been shown to produce lower error rates and are faster and more cost-effective than hand-counting ballots.
Organizations like the ACLU Democratic election lawyer Marc Elias have stated that they will sue the Trump administration over the executive order.
“President Trump’s executive order attempting to require documentary proof of citizenship for voter registration and restrict the acceptance of mail-in ballots received after Election Day, among other measures, is a blatant overreach that threatens to disenfranchise tens of millions of eligible voters,” Sophia Lin Lakin, the director of the ACLU’s Voting Rights Project said. “This measure will no doubt disproportionately impact historically-excluded communities, including voters of color, naturalized citizens, people with disabilities, and the elderly, by pushing unnecessary barriers to the fundamental right to vote. We deserve better than elected officials weaponizing xenophobia and the myth of voter fraud to jeopardize our rights. We will do everything in our power to stop this unconstitutional attack on the right to vote to ensure that every eligible American can participate in our democracy. We will see President Trump in court.”
Governor JB Pritzker released the following statement regarding Donald Trump’s executive order to attack free and fair elections in the United States:
“Voting is a fundamental right and sacred responsibility of every American. Yet, once again Donald Trump is ignoring the rule of law and circumventing Congress.
“We need to call this what it is: another illegal, extreme, and dangerous attempt to take power away from the American people and hand it over the wealthiest man in the world, Elon Musk, who wishes to decide which U.S. citizens can and can’t vote.
“We will not blindly follow illegal orders because Donald Trump wrote them down on a piece of paper. Illinois follows the laws of the land – not the decrees of an aspiring king hell bent on disenfranchising millions of voters who deserve to have their voice heard.
“In the face of these attacks on voting rights, Illinois will continue to administer free and fair elections while standing up for strong, secure, and accessible democracy.”
