President Donald Trump on Tuesday signed an executive order aimed at reshaping election administration across America, focusing on citizenship verification and mail-in voting regulations. The order has sparked immediate controversy, with legal experts questioning its legitimacy and warning of potential voter disenfranchisement.
The directive instructs the Justice Department to enforce what Trump claims is a federal requirement that all states reject ballots not received by Election Day. This provision could significantly impact states such as California and Alaska, where mail-in ballots are counted if postmarked by Election Day but received later. While no state allows votes cast after Election Day, state laws vary on when ballots must be received.
Legal challenges regarding postmarked versus received ballots have surfaced in past elections, but federal law has not explicitly prevented states from setting their own deadlines. Critics argue that enforcing an Election Day receipt deadline could result in thousands of legitimate votes being discarded.
The executive order also directs the Election Assistance Commission (EAC), an independent federal agency, to require proof of citizenship on the national voter registration form. While states must accept this form under federal law, they also have the option to use their own registration processes.
Voting rights advocates argue that this requirement could disproportionately impact low-income individuals who may struggle to obtain citizenship documents. Given that voter fraud is exceedingly rare, they warn that the change could prevent more lawful voters from registering than fraudulent votes it seeks to prevent.
Additionally, the order authorizes the Department of Justice and the Department of Homeland Security to subpoena states for voter roll data to ensure compliance with federal regulations. It further threatens to revoke federal funding from states that do not comply.
At the signing ceremony, Trump defended the move, stating, “Election fraud. You’ve heard the term. We’ll end it, hopefully. At least, this will go a long way toward ending it.”
However, legal scholars have expressed doubts about the order’s enforceability. UCLA law professor Rick Hasen questioned Trump’s ability to direct the EAC, stating, “Even putting aside the substance, there’s a huge question about whether Trump can direct the EAC to do anything. I think the answer is no. But this may well be tested in court.”
Election law expert Justin Levitt, who served as a voting rights adviser under President Joe Biden, agreed, arguing, “The vast majority of what it does is not lawful.” He also suggested that the EAC may not comply, saying, “I don’t think there will be three votes to execute what the president has purported to require.”
Hasen further emphasized the significance of altering the voter registration form, calling the move “huge.” He characterized it as an attempt to bypass Congress and enact provisions from the Republican-backed SAVE Act, which mandates proof of citizenship for federal elections. Currently, the national voter registration form requires applicants to affirm their citizenship under penalty of perjury but does not demand documentary proof.
“I don’t think that Trump has the power to do that, but if he did, it would affect millions of registered voters’ ability to register and vote in federal elections,” Hasen warned.
The executive order is expected to face swift legal challenges, with voting rights groups and Democratic-led states preparing lawsuits. As the 2026 midterm elections approach, the courts will likely determine the fate of Trump’s order, setting the stage for another legal battle over voting rights in America.
