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President Donald Trump signed a drastic enforcement action on Tuesday to overhaul elections in the US. This required that Citizenship Documentary Certificates be registered to vote in federal elections, and that all votes should be received by Election Day.
The order says the US 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. Election officials are threatening to withdraw federal funds from states they don’t follow.
The move, which is likely to face rapid challenges from voting rights groups, coincides with Trump’s long history of handrails against the election process. He has often been fighting against certain ways of voting, claiming that the election is equipped, even before the results are known, losing the 2020 election to Democrat Joe Biden, and falsely denounced it for widespread fraud.
Trump has focused in particular on mail-in voting, claiming that it would be unsettling and without evidence that it would lead to fraud, given its popularity with voters, including Republicans. Fraud occurs, but rare, limited scope and charges.
The documentary proof of the order’s citizenship requirements shows that the president is not waiting for Congressional Republicans to pass on long-standing planned safeguards.
Republicans defend the steps necessary to restore public confidence in the election. Voting by non-citizens is already illegal and could lead to felony charges and deportation.
There are several types of voter fraud that make headlines for each election, but how common is voter fraud really? This is what you need to know.
Voting rights groups have expressed concern that requirements could disenfranchise people. An estimated 9% of U.S. citizens of voting age, or 223.3 million people, are not easily available to obtain evidence of citizenship, according to a 2023 report from the Brennan Center for Justice and Other Groups.
There is also concern that married women who have changed their names when trying to register will run into trouble, as their birth certificate lists the maiden’s names. Such hiccups occurred in a recent town election in New Hampshire. New Hampshire has a new state law that requires you to register for citizenship.
The order also states that votes should be “cast and received” by Election Day, and that federal funding should be conditional on state compliance. Currently, 18 states and Puerto Rico are accepting mailed votes received after Election Day, according to the national meeting of the state legislature.
Given the constitution empowers states to vote, Trump’s executive order is likely to face legal challenges. While Congress has the power to regulate votes and does so to pass laws such as the Voting Rights Act, the constitution makes it clear that states have the primary authority to set “times, places, and methods” for elections.
Colorado Democratic Secretary Jena Griswold called the order “illegal” weaponization of the federal government, saying Trump is “trying to make it difficult for voters to fight back at the ballot box.”
Justin Levitt, a constitutional expert and former senior White House policy advisor, said the enforcement department has election powers. He said several federal agencies will provide election assistance, including the U.S. Election Assistance Commission, which distributes federal grants to states and implements voluntary accreditation programs for the voting system. US cybersecurity and infrastructure security agencies help election officials protect their systems.
Former President Biden issued an executive order in 2021 directing federal agencies to take steps to encourage voter registration. Since then, Trump has revoked the order.
Several Republican lawmakers and election officials quickly praised Trump’s move, including Georgia Secretary of State Brad Laffensperger. The state’s barcode-based voting tally system is not in line with the standards Trump requested in the order and needs to be changed to avoid putting the state’s federal funds at risk.
“I would like to thank President Trump, President Trump for ensuring that only American citizens will decide the US election,” Raffensperger said. “This is a great first step towards national election integrity reform.”
Wisconsin Rep. Brian Steele, chairman of the House Committee that oversees the election, said the order was “a welcome lawsuit to secure elections and prevent foreign influence.”
Trump referred to election fraud when he signed the order Tuesday, saying, “This will hopefully end.” He added that more election action will be taken over the coming weeks.
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