Under this order, which has rocked the political establishment, former President Donald Trump will require proof of citizenship to register to vote in federal elections. His administration says this is necessary to fight voter fraud, but others warn of widespread disenfranchisement and legal clashes.
As a result of the mandate, all would-be voters are now required to show identification, such as a passport, Real ID, military ID card, or other official documentation, while registering to vote in federal elections. The Election Assistance Commission has been directed to quickly update federal voter registration forms to align with these new requirements.
On top of voter registration, the executive order also directs states to get noncitizens off their voter rolls. It also prohibits states from counting mail-in or absentee ballots that arrive after Election Day. Any state that refuses to comply with these provisions is subject to losing federal election funding.
The Trump administration has framed that order as a protection against voter fraud, specifically noncitizen voting. But experts say there is very little documentation of that happening. This order seems to be a solution in search of a problem that would disproportionately impact marginalized communities that may have difficulty obtaining the required identification.
Critics have also been quick to say it is an overreach of executive power, leading to legal clashes over constitutional protections and states’ rights in conducting elections. Several advocacy organizations have already indicated that they plan to challenge the order legally.
Voting rights activists are most worried that such an order could suppress millions of eligible voters from casting ballots. Many Americans, particularly those from lower-income communities, older people, and people of color, are unlikely to have passports or other qualifying documents readily available. These new hurdles could stifle voter turnout in crucial elections, exacerbating fears over a fair and accessible democracy.
So has the provision requiring states to purge voter rolls. Indeed, past efforts to put people on notices or lists to be removed have resulted in inappropriately disqualifying eligible voters and added confusion and barriers to those attempting to participate in their basic rights.
Perhaps the most controversial element of the order is the warning to deny states federal election funding if they don’t comply. Critics say this is a coercive strategy that essentially forces states to enact policies that could infringe on voting rights. The move is widely expected to face substantial legal challenges, as the federal government has no authority to intervene in the election processes determined by each state.
Not surprisingly, lawsuits are already being prepared to overturn the executive order. Legal experts expect court fights about whether the president has the power to make such sweeping changes on his own without congressional approval. Many also anticipate a standoff in implementing the order, as states refuse to comply, which could lead to a legal encounter in which laws on elections remain contentious for the next several years.
With this executive order, the fight over voting rights has been taken to the next level. As controversy rages about what it means going forward, one thing is clear: the battle over the legality and effectiveness of this order is only just beginning.
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