Trump aims to overhaul U.S. elections in executive order with new requirements
President Trump on Tuesday signed a sweeping executive action to overhaul U.S. elections that would require documentary proof of citizenship to register to vote in federal elections and mandate that all ballots be received by Election Day across the country.
The order claims the U.S. has "not adequately enforced Federal election requirements," citing as examples "prohibit[ing] States from counting ballots received after Election Day or prohibit[ing] non-citizens from registering to vote."
The order says the U.S. has failed "to enforce basic and necessary election protections" and calls on states to work with federal agencies to share voter lists and prosecute election crimes. The president also threatened to pull federal funding from states where election officials are not in compliance.
David Becker, the CEO of the Center for Election Innovation & Research, characterized the order as a "federal takeover of the constitutional authority of local and state governments to run elections." He said it "seeks to seize authority over election technology and processes at the state and local level ... all while bypassing congressional approval."
If implemented, it could cost state taxpayers tens of billions, he predicted, though Becker, who is a CBS News election law contributor, also expects the executive order to face a difficult road in the courts.
While Congress has the power to regulate voting — and has done so to pass such laws as the Voting Rights Act — the Constitution makes clear that states have primary authority to set the "times, places and manner" for elections.
Colorado's Democratic secretary of state, Jena Griswold, called the order an "unlawful" weaponization of the federal government and said Trump is "trying to make it harder for voters to fight back at the ballot box." And Democratic Rep. Joe Morelle of New York, the ranking member of the House committee that oversees elections, said the executive order "is not just misguided — it is immoral and illegal."
The executive branch does have some authority over elections, said Justin Levitt, a constitutional law expert and former White House senior policy adviser during the Biden administration. He said some federal agencies, like the U.S. Election Assistance Commission, provide election support. The commission distributes grant money to states and runs a voluntary certification program for voting systems. The U.S. Cybersecurity and Infrastructure Security Agency helps election officials protect their systems.
In 2021, President Biden issued an executive order directing federal agencies to take steps to boost voter registration, which drew complaints from Republicans who called it federal overreach. Mr. Trump rescinded that order.
Mr. Trump's order calls on the Election Assistance Commission to amend voting system guidelines to protect election integrity. It states that voting systems should not use a ballot that uses a barcode or QR code in the vote counting process. The order also advises the commission to condition funding to states on these new guidelines.
Virtually all in-person voters in Georgia, as well as voters in several other states, use voting machines with a large touchscreen to record their votes. The machines then print a paper ballot with a human-readable summary of the voter's selections and a QR code, a type of barcode, that is read by a scanner to count the votes.
It is not entirely clear how the executive order would affect Georgia and the other jurisdictions that use these machines. Representatives for Secretary of State Brad Raffensperger did not immediately respond Tuesday evening to messages seeking comment. Raffensperger issued a statement thanking Mr. Trump for the executive order, calling it a "great first step for election integrity reform nationwide."
Rep. Bryan Steil of Wisconsin, the chairman of the House committee that oversees elections, said the order is a "welcome action to secure our elections and prevent foreign influence."
At least one Democratic attorney on Tuesday threatened legal action. Marc Elias, who has been the subject of Trump's ire, said in a social media post, "This will not stand. We will sue."
The president has long claimed elections were being rigged, even before the results were known. He's battled certain voting methods since he lost the 2020 election to former President Joe Biden, falsely blaming widespread fraud for his loss.
Mr. Trump said more election actions would be taken in the coming weeks.
