President Donald Trump signed an executive order on Tuesday that calls on states to require proof of citizenship to vote in federal elections to “secure our elections.”
The order requires government-issued proof of U.S. citizenship for voter registration in every state, directs the Attorney General to work with state election officials to address violations of the executive order, and conditions federal funding on whether or not states require voter ID. (RELATED: EXCLUSIVE: RNC Election Integrity Unit Probes States To Keep Voter Rolls Clean)
“This Executive Order is the farthest-reaching executive action taken in the history of the republic to secure our elections,” Trump wrote on Truth Social.
“Free, fair, and honest elections unmarred by fraud, errors, or suspicion are fundamental to maintaining our constitutional Republic. The right of American citizens to have their votes properly counted and tabulated, without illegal dilution, is vital to determining the rightful winner of an election,” the President wrote in a press release.
“Under the Constitution, State governments must safeguard American elections in compliance with Federal laws that protect Americans’ voting rights and guard against dilution by illegal voting, discrimination, fraud, and other forms of malfeasance and error,” the President added.
“Elections must be honest and worthy of the public’s trust. That requires voting methods that produce a voter-verifiable paper record, allowing voters to efficiently check their votes to protect against fraud or mistake. Election integrity standards must be modified accordingly,” the President declared in his press release.
BURNSVILLE, MN – AUGUST 03: A test ballot for the upcoming primary election sits out during a public accuracy test of voting equipment on August 3, 2022 in Burnsville, Minnesota. State officials have reiterated their commitment to secure and accurate elections as election integrity is subject to growing public scrutiny. (Photo by Stephen Maturen/Getty Images)
Currently, the only U.S. citizenship requirement for federal elections is that voters verbally affirm their citizenship. Trump’s executive order seeks to end a lengthy battle of demanding documentation that proves one’s U.S. citizenship.
Last year, the U.S. House of Representatives passed the Safeguard American Voter Eligibility (SAVE) Act, requiring proof of U.S. citizenship to vote in federal elections. That bill later died in the Democratic-controlled Senate.
States such as Alabama and Arizona have introduced measures requiring voters to provide eligible documents proving U.S. citizenship.
In 2006, the Supreme Court ruled in Purcell v. Gonzalez that lower federal courts, such as district courts and circuit courts of appeals, should avoid changing election rules close to an election. The court based this decision on concerns that last-minute changes could confuse voters and disrupt the election process. Courts used this decision in later cases to prevent sudden adjustments to voting procedures.
However, lower federal courts have had a history of challenging attempts to impose citizenship requirements before an election.
In 2014 and 2016, lower federal courts found that a former U.S. Election Assistance Commission official breached federal law by permitting Alabama, Georgia, and Kansas to mandate documentary proof of citizenship for the federal voter registration form.
In 2023, the 9th Circuit Court of Appeals in Arizona deemed two of the state’s voting laws, one that prohibits voters who don’t prove citizenship from voting for President and another that prohibits them from voting by mail, “unlawful.”
Earlier this year, Arizona’s renewed attempt to expand the state constitution’s requirement was struck down again by the 9th Circuit Court of Appeals. (RELATED: Trump-Appointed Judge Orders Alabama To Stop Effort To Remove Non-Citizens From Voter Rolls)
Fifteen states do not require voters to show their government issued I.D. when casting ballots, and twelve states require a government issued I.D. without a photo. President Trump’s directive will order states to enforce stricter voter I.D. measures.
Other provisions in the executive order will require the U.S. Attorney General and Treasury Secretary to enforce “appropriate laws to prevent foreign nationals from contributing or donating in United States elections.”
Other steps in the executive order to uphold election integrity include mandating the Attorney General and Secretary of Homeland Security to label election infrastructure, such as voting machines, ballots, and election equipment, as “critical” and prevent non-citizens from handling or administrating such infrastructure.
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