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Trump Moves to Protect America’s Elections

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President Donald Trump signs an executive order in the Oval Office, the White House, Washington, D.C. January 21, 2025. Photo courtesy of the White House via X.com.

President Trump signed an executive order on Tuesday, March 25, that addressed American election security with a number of new measures required of states. Trump explained the order’s purpose:

Section 1.  Purpose and Policy.  Despite pioneering self-government, the United States now fails to enforce basic and necessary election protections employed by modern, developed nations, as well as those still developing.  India and Brazil, for example, are tying voter identification to a biometric database, while the United States largely relies on self-attestation for citizenship.  In tabulating votes, Germany and Canada require use of paper ballots, counted in public by local officials, which substantially reduces the number of disputes as compared to the American patchwork of voting methods that can lead to basic chain-of-custody problems.  Further, while countries like Denmark and Sweden sensibly limit mail-in voting to those unable to vote in person and do not count late-arriving votes regardless of the date of postmark, many American elections now feature mass voting by mail, with many officials accepting ballots without postmarks or those received well after Election Day.

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.
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.  Yet the United States has not adequately enforced Federal election requirements that, for example, prohibit States from counting ballots received after Election Day or prohibit non-citizens from registering to vote.

Federal law establishes a uniform Election Day across the Nation for Federal elections, 2 U.S.C. 7 and 3 U.S.C. 1.  It is the policy of my Administration to enforce those statutes and require that votes be cast and received by the election date established in law.  As the United States Court of Appeals for the Fifth Circuit recently held in Republican National Committee v. Wetzel (2024), those statutes set “the day by which ballots must be both cast by voters and received by state officials.”  Yet numerous States fail to comply with those laws by counting ballots received after 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 at a former voting precinct, which would be absurd.

Several Federal laws, including 18 U.S.C. 1015 and 611, prohibit foreign nationals from registering to vote or voting in Federal elections.  Yet States fail adequately to vet voters’ citizenship, and, in recent years, the Department of Justice has failed to prioritize and devote sufficient resources for enforcement of these provisions.  Even worse, the prior administration actively prevented States from removing aliens from their voter lists.

Additionally, Federal laws, such as the National Voter Registration Act (Public Law 103-31) and the Help America Vote Act (Public Law 107-252), require States to maintain an accurate and current Statewide list of every legally registered voter in the State.  And the Department of Homeland Security is required to share database information with States upon request so they can fulfill this duty.  See 8 U.S.C. 1373(c).  Maintaining accurate voter registration lists is a fundamental requirement in protecting voters from having their ballots voided or diluted by fraudulent votes.
Federal law, 52 U.S.C. 30121, prohibits foreign nationals from participating in Federal, State, or local elections by making any contributions or expenditures.  But foreign nationals and non-governmental organizations have taken advantage of loopholes in the law’s interpretation, spending millions of dollars through conduit contributions and ballot-initiative-related expenditures.  This type of foreign interference in our election process undermines the franchise and the right of American citizens to govern their Republic.

Above all, elections must be honest and worthy of the public 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.
It is the policy of my Administration to enforce Federal law and to protect the integrity of our election process.

Trump then lays out the necessary changes states must make. The measures include tightening proof of citizenship on mail-in voter registrations, expanding state access to voter verification systems, identifying foreign nationals who have registered to vote or voted in elections and sharing that information with the states, demanding that public assistance programs assess citizenship before sending voter registration forms to applicants, and that the AG prioritize enforcement of election laws that restrict non-citizens from voting. The order states:

Sec. 2.  Enforcing the Citizenship Requirement for Federal Elections.  To enforce the Federal prohibition on foreign nationals voting in Federal elections:

(a)(i) Within 30 days of the date of this order, the Election Assistance Commission shall take appropriate action to require, in its national mail voter registration form issued under 52 U.S.C. 20508:

(A)  documentary proof of United States citizenship, consistent with 52 U.S.C. 20508(b)(3); and

(B)  a State or local official to record on the form the type of document that the applicant presented as documentary proof of United States citizenship, including the date of the document’s issuance, the date of the document’s expiration (if any), the office that issued the document, and any unique identification number associated with the document as required by the criteria in 52 U.S.C. 21083(a)(5)(A), while taking appropriate measures to ensure information security.

(ii)  For purposes of subsection (a) of this section, “documentary proof of United States citizenship” shall include a copy of:

(A)  a United States passport;

(B)  an identification document compliant with the requirements of the REAL ID Act of 2005 (Public Law 109-13, Div. B) that indicates the applicant is a citizen of the United States;

(C)  an official military identification card that indicates the applicant is a citizen of the United States; or

(D)  a valid Federal or State government-issued photo identification if such identification indicates that the applicant is a United States citizen or if such identification is otherwise accompanied by proof of United States citizenship.

(b)  To identify unqualified voters registered in the States:

(i)    the Secretary of Homeland Security shall, consistent with applicable law, ensure that State and local officials have, without the requirement of the payment of a fee, access to appropriate systems for verifying the citizenship or immigration status of individuals registering to vote or who are already registered;

(ii)   the Secretary of State shall take all lawful and appropriate action to make available information from relevant databases to State and local election officials engaged in verifying the citizenship of individuals registering to vote or who are already registered; and

(iii)  the Department of Homeland Security, in coordination with the DOGE Administrator, shall review each State’s publicly available voter registration list and available records concerning voter list maintenance activities as required by 52 U.S.C. 20507, alongside Federal immigration databases and State records requested, including through subpoena where necessary and authorized by law, for consistency with Federal requirements.

(c)  Within 90 days of the date of this order, the Secretary of Homeland Security shall, consistent with applicable law, provide to the Attorney General complete information on all foreign nationals who have indicated on any immigration form that they have registered or voted in a Federal, State, or local election, and shall also take all appropriate action to submit to relevant State or local election officials such information.

(d)  The head of each Federal voter registration executive department or agency (agency) under the National Voter Registration Act, 52 U.S.C. 20506(a), shall assess citizenship prior to providing a Federal voter registration form to enrollees of public assistance programs.

(e)  The Attorney General shall prioritize enforcement of 18 U.S.C. 611 and 1015(f) and similar laws that restrict non-citizens from registering to vote or voting, including through use of:

(i)    databases or information maintained by the Department of Homeland Security;

(ii)   State-issued identification records and driver license databases; and

(iii)  similar records relating to citizenship.

(f)  The Attorney General shall, consistent with applicable laws, coordinate with State attorneys general to assist with State-level review and prosecution of aliens unlawfully registered to vote or casting votes.

The White House announced the order on X.com:

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Richard C. Young
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