A man places his ballot in a box during early voting in Waukesha, Wisconsin, on March 18, 2025.
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President Trump has issued a significant executive order mandating that potential voters must provide proof of citizenship in order to register to vote. This order raises questions about the extent of presidential authority in changing voting regulations.
Voting rights advocates have expressed deep concerns, suggesting that these new requirements could disenfranchise millions of Americans and argue that such changes exceed the president’s legal powers.
The executive order states that the nation “fails to enforce essential election protections,” signaling a push for stricter voting regulations.
The directive requires updating the federal voter registration form to include a proof of citizenship requirement, such as a passport, for voters presenting their registration to local or state officials.
Historically, states have maintained considerable discretion in managing their own electoral processes, although the federal government can impose basic standards for federal elections through legislation.
Moreover, the order mandates states to remove individuals deemed noncitizens from voter rolls, encourages data-sharing among states and federal agencies for prosecuting election offenses, and permits federal access to immigration and Social Security records to verify voter eligibility.
Advocates for voting rights caution that outdated databases could mistakenly categorize naturalized citizens as noncitizens. Previous attempts by states to eliminate noncitizen names from voter rolls have unintentionally targeted eligible voters.
Additionally, the executive order aims to prevent states from counting mail or absentee ballots that arrive after Election Day, proposing to cut funding to states that violate this requirement.
Proof of Citizenship Requirement
In the lead-up to the 2024 elections, Trump and his supporters have made unfounded assertions about widespread noncitizen voting.
The current federal voter registration form requires individuals to affirm under penalty of perjury that they are eligible to vote, supplying a driver’s license number, state ID, or Social Security number. Those found to have voted illegally face severe consequences, yet audits suggest such incidences are exceedingly rare.
Despite this, Republican leaders have prioritized the push for documentary proof of citizenship. The executive order heavily references the Safeguard American Voter Eligibility Act, a Republican-driven initiative, which House Republicans plan to advance, although its passage in the Senate remains uncertain.
This executive action reflects Trump’s intent to circumvent legislative processes. However, legal experts argue that he lacks the authority to implement these changes via an executive order, as they conflict with existing federal voting legislation.
“This action is illegal at multiple levels,” stated a voting rights expert, noting that the directive to the Election Assistance Commission to alter federal voter registration forms exceeds presidential powers.
Requiring proof of citizenship could drastically change the landscape of voter registration if enacted.
The order clearly applies to all individuals using the federal voter registration form. However, it remains ambiguous whether it will exert pressure on states to enforce similar requirements for state registration forms through financial penalties.
The executive order outlines a limited number of accepted proofs of citizenship: a U.S. passport, a compliant ID under the REAL ID Act, military IDs that establish citizenship, or a valid government photo ID that either states citizenship or includes additional proof, although it does not clarify if a birth certificate is acceptable.
Experts have pointed out the lack of explicit mention of birth certificates as a proof of citizenship aligns with other Trump initiatives aimed at ending birthright citizenship.
Currently, only about half of Americans possess a U.S. passport, and only five states offer enhanced driver’s licenses verifying citizenship.
