President Donald Trump has signed an executive order aimed at overhauling U.S. federal elections, which includes measures requiring voters to provide proof of citizenship and restricting when states can accept mail-in ballots.
Experts caution that this order could disenfranchise millions of Americans, particularly those without easy access to a passport or other official documents that prove their citizenship.
The enforceability of the order is uncertain, as U.S. states have significant legal autonomy in determining how their elections are conducted. Legal challenges to the order in court are expected.
The order, titled “Preserving and Protecting the Integrity of American Elections,” was signed by Trump on Tuesday at the White House.
“We’re going to end election fraud, hopefully. At least this will go a long way toward ending it,” Trump said as he signed the order.
The executive order asserts that the U.S. has failed to enforce essential election safeguards and urges states to cooperate with the federal government, threatening to withhold federal funding if states do not require proof of citizenship.
It is already illegal for non-citizens to vote in federal elections, as the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 prohibits non-citizens from voting. While federal law mandates a common voter registration form that requires applicants to affirm their citizenship under penalty of perjury, it does not require documentary proof of citizenship.
Experts note that cases of non-citizens voting in U.S. elections are extremely rare.
The order also seeks to prevent states from accepting mail-in ballots that are received after Election Day. Currently, 18 states permit ballots to be accepted after Election Day, provided they are postmarked on or before the day of the election.
The order would impose sanctions, including the withdrawal of federal funding, on states that fail to comply.
Trump has faced criticism for spreading election misinformation, such as claims that “millions” of illegal immigrants voted in the 2016 election. He has also continued to deny that he lost the 2020 election to Joe Biden.
Past attempts to pass voter ID laws in Congress have been unsuccessful.
Democrats who have criticized similar reforms in the past point out that many Americans lack enhanced driver’s licenses or passports, which are often required as forms of identification.
The legal foundation for the order is expected to face challenges in court.
Wendy Weiser, of the Brennan Center for Justice at New York University, told the Washington Post that the president cannot override a law passed by Congress regarding voter registration requirements.
UCLA law professor Rick Hasen also noted on his blog that elections are primarily managed by state governments, and if this order were upheld, it would significantly shift election authority to the federal government.
