MxM News

Quick Hit:

President Donald Trump on Tuesday signed an executive order aimed at restoring confidence in America’s elections by enforcing voter ID, cracking down on non-citizen voting, and ensuring compliance with existing federal election laws.

Key Details:

• The executive order criticizes the United States for falling behind other nations in securing its elections, noting that while India and Brazil use biometric voter ID systems, many U.S. states rely on self-attestation.

• Trump ordered the Election Assistance Commission to update the national voter registration form to require “documentary proof of United States citizenship,” including passports or REAL ID-compliant documents.

• The order also instructs the Department of Justice to crack down on states that count ballots received after Election Day, stating that counting late ballots is akin to letting someone “vote in person at a former voting precinct” days after polls close.

Diving Deeper:

On Tuesday, President Trump signed a far-reaching executive order titled Preserving and Protecting the Integrity of American Elections, aiming to overhaul how federal and state governments enforce longstanding election laws.

In the order’s opening section, Trump drew comparisons to foreign democracies, arguing that “the United States now fails to enforce basic and necessary election protections employed by modern, developed nations.” He cited examples including India and Brazil’s biometric-linked voter ID systems and Germany and Canada’s paper ballot requirements, adding that “many American elections now feature mass voting by mail,” often accepting ballots “without postmarks or those received well after Election Day.”

Trump’s directive enforces federal laws already on the books, such as 2 U.S.C. § 7 and 3 U.S.C. § 1, which establish a uniform national Election Day. Referencing a 2024 Fifth Circuit ruling, the order states that ballots must be both cast and received by Election Day. “This is like allowing persons who arrive 3 days after Election Day, perhaps after a winner has been declared, to vote in person… which would be absurd,” the order reads.

A central element of the order is the crackdown on non-citizen voting. It mandates that the national voter registration form include “documentary proof of United States citizenship,” such as a passport, a REAL ID-compliant card, or a military ID indicating citizenship. The order also requires that state and local officials document the specific proof of citizenship used during registration.

To assist states in cleaning up voter rolls, Trump directed the Department of Homeland Security to provide access to immigration databases and mandated that the Social Security Administration share death and identity data. The Attorney General is instructed to “prioritize enforcement” of statutes that prohibit non-citizens from registering or voting and to coordinate with state officials to prosecute violations.

The order also targets election infrastructure and voting machines, requiring that all voting systems include “a voter-verifiable paper record” and banning systems that use barcodes or QR codes to contain vote data, except for accessibility needs. The Election Assistance Commission is instructed to decertify equipment that fails to meet new integrity standards within 180 days.

The executive order further aims to eliminate foreign interference by enforcing 52 U.S.C. § 30121, which bans foreign contributions to federal, state, or local elections. Trump highlighted the abuse of ballot initiative spending loopholes and committed federal enforcement resources to curtail this influence, declaring that “foreign nationals and non-governmental organizations have taken advantage of loopholes… undermining the franchise.”

Through information-sharing agreements, increased prosecution, and withholding of federal funds to uncooperative states, the order seeks to hold jurisdictions accountable for maintaining accurate voter rolls and enforcing citizenship requirements.

“In honest elections,” the order concludes, “voting methods must produce a voter-verifiable paper record… to protect against fraud or mistake.”