‘Proof of citizenship’: Donald Trump sets new rules for US elections

US President Donald Trump signed an executive action on Tuesday to overhaul elections in the US. The new order requires people to proof their US citizenship to register to vote in federal elections. It also demanded that all ballots be received by Election Day.

Trump referenced election fraud as he signed the order Tuesday, saying, “this will end it, hopefully.” He added that more election actions would be taken in coming weeks, the Associated Press reported.

What the order says

The executive order signed by Donald Trump read, "…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."

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. It threatens to pull federal funding from states where election officials don't comply.

What critics say?

Voting rights groups reportedly expressed concerns that the requirement could disenfranchise people. A 2023 report by the Brennan Center for Justice and other groups claimed that an estimated 9 percent of US citizens of voting age, or 21.3 million people, do not have proof of citizenship readily available.

There are also concerns that married women who have changed their names will encounter trouble when trying to register because their birth certificates list their maiden names.

Legal challenges

Trump's order is likely to face legal challenges, given that the Constitution gives authority over elections to the states.

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.”

Meanwhile, Democratic Rep. Joe Morelle of New York 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 was quoted by the Associated Press as saying.

He said some federal agencies provide election support, including the US. Election Assistance Commission, which distributes federal grant money to states and runs a voluntary certification program for voting systems.

The US Cybersecurity and Infrastructure Security Agency helps election officials protect their systems.

Trump's order calls on the Election Assistance Commission to amend voting system guidelines to protect election integrity, including guidance that voting systems should not use a ballot that uses a barcode or QR code in the vote counting process. It said the commission should condition the funding it distributes to states on those new guidelines.