President Trump’s new executive order requiring proof of citizenship to vote sets the stage for a contentious legal battle as states and voting rights groups prepare to challenge what supporters call a crucial election integrity measure.
Quick Takes
- Trump signed an executive order requiring proof of citizenship for voter registration in federal elections.
- The order mandates all ballots be received by Election Day, conflicting with practices in 18 states.
- Federal funding could be withheld from states that don’t comply with the new requirements.
- Only 29 instances of noncitizens voting in federal elections were found from 2003 to 2023.
- Critics warn that 9% of voting-age citizens lack the required documentation.
Citizenship Requirements and Federal Enforcement
President Donald Trump’s executive order on voter eligibility marks a significant shift in federal election policy by mandating that U.S. citizens provide documentary proof of citizenship when registering to vote. The order directs the Election Assistance Commission to require this proof within 30 days and tasks the Department of Homeland Security with accessing state voter rolls to verify citizenship status. This represents a direct challenge to current registration practices in many states where citizens can register by attesting to their citizenship status under penalty of perjury.
The executive order contains provisions that could significantly impact states that don’t comply with the new requirements. According to the order, federal funding could be withheld from states that fail to implement the citizenship verification process. Additionally, the order prohibits counting absentee or mail-in ballots received after Election Day, directly conflicting with established practices in 18 states and Puerto Rico that currently accept ballots postmarked by Election Day but received afterward.
WASHINGTON: President Trump signed an executive order mandating a citizenship question on federal voting forms, requiring proof of citizenship before voting. States risk losing funds if they don’t comply, and DOJ will crack down on election crimes. pic.twitter.com/wszkYj1Mym
— KolHaolam (@KolHaolam) March 26, 2025
State Support and Opposition
Several Republican officials have expressed support for the executive order. Georgia Secretary of State Brad Raffensperger praised the action, “Thank you, President Trump, for this executive order ensuring that only American citizens decide American elections.” This sentiment has been echoed by other Republican lawmakers who view the measure as necessary to protect election integrity and ensure that only eligible citizens participate in federal elections. The order explicitly targets practices in certain municipalities in California, Maryland, Vermont, and the District of Columbia that currently allow noncitizens to vote in local elections.
However, opposition has been swift. Colorado’s Secretary of State has already criticized the order as an unlawful federal overreach, a sentiment likely to be echoed by other Democratic state officials. The order also rescinds a 2021 executive order by former President Biden that was aimed at boosting voter registration. Legal experts anticipate numerous court challenges based on the Constitution’s delegation of election authority primarily to states rather than the federal government.
Potential Impact on Voters
Voting rights advocates have raised concerns about the potential disenfranchising effects of the citizenship documentation requirement. According to data cited by these groups, approximately 9% of voting-age citizens lack ready access to documentary proof of citizenship such as birth certificates or naturalization papers. This could particularly affect married women whose birth certificates don’t match their current names, minorities, and low-income Americans who may face barriers in obtaining or replacing such documentation.
The data on actual noncitizen voting appears to show it is relatively rare. The Heritage Foundation identified only 29 instances of noncitizens voting in federal elections from 2003 to 2023. Despite this, President Trump has maintained that illegal votes contributed to his losses in the 2020 election and the popular vote in 2016. Upon signing the order, Trump suggested this was just the beginning of his election-related actions, stating “There are other steps that we will be taking in the coming weeks” to address what he describes as “fake elections and bad elections.”
Legal Challenges Ahead
Multiple legal challenges are expected as the executive order’s provisions take effect. Voting rights groups and Democratic state attorneys general are preparing to contest the order on constitutional grounds, citing the traditional role of states in managing elections. The Constitution grants states primary authority over election processes, with the federal government having limited power to impose requirements. These legal battles will likely focus on whether the executive branch has the authority to impose citizenship verification requirements without congressional approval.
The Department of Homeland Security has been directed to identify “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 submit this information to relevant election officials. This represents a significant expansion of federal involvement in state election administration and will likely face scrutiny regarding privacy concerns and potential overreach of executive authority.
Sources:
Trump signs broad elections order requiring proof of citizenship
Trump Signs Order Requiring Citizenship Proof to Vote in Elections
