In a recent development, President Donald Trump has enacted a new executive order mandating that prospective voters provide proof of citizenship when registering to vote. This executive order seeks to introduce significant changes, thereby testing the extent of Trump’s presidential authority.
Advocates for voting rights have expressed concerns that the new requirements could potentially disenfranchise millions of Americans if implemented, arguing that Trump may lack the legal authority to enact such changes. The order asserts that the United States is not adequately enforcing essential election protections.
According to the directive, the federal voter registration form would be updated to require voters to present proof of citizenship, such as a passport, to local or state officials. Although traditionally, states have had significant control over their election processes, the federal government can establish some baseline standards for federal elections, usually through legislative means.
The order also necessitates the removal of noncitizens from voter rolls, calls for data sharing between states and federal agencies to prosecute electoral offenses, and allows certain federal departments to verify state voter rolls for compliance with federal standards. It further directs agencies to share data, including immigration and Social Security records, with states to aid in verifying voter eligibility.
However, voting rights advocates warn about the potential for outdated databases to inaccurately classify naturalized citizens as noncitizens. Similar attempts by states to eliminate noncitizens from voter lists have sometimes mistakenly included eligible U.S. citizens.
Additionally, the executive order aims to prevent states from counting mail-in or absentee ballots received after Election Day by withholding funds from states that permit such counting.
The requirement for proof of citizenship is emerging as a focal point in the ongoing debate. Prior to the 2024 election, Trump and his allies made unsubstantiated claims about noncitizens voting in significant numbers. Currently, the federal voter registration form requires registrants to affirm, under penalty of perjury, that they are U.S. citizens and eligible to vote. Attempts to vote illegally can result in fines, prison time, or deportation, although past audits have shown such instances to be exceedingly rare.
Requiring tangible proof of citizenship has become a priority for Republicans, with the executive order sharing similarities with the Republican-backed Safeguard American Voter Eligibility Act, or SAVE Act. Although House Republicans aim to pass the act, it faces challenges in the Senate.
The executive order also reflects President Trump’s decision to proceed without waiting for congressional approval, though legal experts argue he lacks the authority to implement such changes via executive order, noting contradictions with existing federal voting laws.
Voting rights experts, such as Sean Morales-Doyle from the Brennan Center for Justice, criticize the directive as illegal on multiple levels. The order instructs the Election Assistance Commission to make changes to the federal voter registration form, but Morales-Doyle points out that the president cannot direct this independent agency.
If implemented, the mandate for documentary proof of citizenship would profoundly affect voter registration processes. While the order explicitly targets those using the federal voter registration form, it is unclear whether it would compel states to require proof of citizenship for state forms, potentially through funding pressure.
The order provides a limited list of acceptable documents to prove U.S. citizenship, including a U.S. passport, an ID compliant with the REAL ID Act that denotes citizenship, or a military ID showing citizenship. Another option is a valid government photo ID that indicates U.S. citizenship or is supplemented by proof of citizenship. Notably, the order does not clarify if a birth certificate would be acceptable.
Morales-Doyle notes that the omission of birth certificates aligns with another recent order by Trump that aims to terminate birthright citizenship. Currently, only about half of Americans possess a U.S. passport, and only five states offer enhanced driver’s licenses that confirm citizenship.
