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§ 2 EO 14248: "Preserving and Protecting the Integrity of American Elections" requires proof of U.S. citizenship to vote

  1. Original Date Announced

    March 25, 2025

    The Trump administration issued Executive Order (EO) 14248, "Preserving and Protecting the Integrity of American Elections," in order "to safeguard American elections in compliance with Federal laws." § 2 of the EO enforces "the Federal prohibition on foreign nationals voting in Federal elections."

    • § 2(a) requires the Election Assistance Commission (EAC) to require proof of citizenship in its national mail voter registration form. Proof of citizenship is limited to a U.S. passport, a REAL ID Act-compliant ID, a military identification card, or "a valid Federal or State government-issued photo identification if such identification indicates that the applicant is a United States citizen or if such identification is otherwise accompanied by proof of United States citizenship."
    • § 2(b) requires the State Department and DHS to grant local election officials access to federal databases for verifying citizenship status. It instructs DHS and DOGE to review state voter registration records and compare them with federal immigration databases, as required by 52 U.S.C. § 20507.
    • § 2(c) states that DHS must provide the Attorney General (AG) with a list within 90 days of "complete 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."
    • § 2(d) requires federal agencies to verify citizenship before providing Federal voter registration forms to enrollees in public assistance programs.
    • § 2(e) empowers the Attorney General to prioritize prosecutions under 18 U.S.C. §§ 611 and 1015(f), which prohibit and penalize voting and false statements related to voting by non-citizens.

    2025.03.25 EO 14248: Preserving and Protecting the Integrity of American Elections
  2. Effective Date

    March 25, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Presidential Orders
Subject Matter: Citizenship
Agencies Affected: DHS DOS Other State & Local Entities

Commentary

  • 2025.03.25 Election Law Blog: President Trump Issues Dangerous Executive Order that Could Potentially Disenfranchise Millions of Voters

    Election law scholar Rick Hasen notes that even though Trump's EO orders the EAC to do certain things, "He doesn't have that power, unless the courts accept some aggressive version of the unitary executive theory." Hasen further notes that the EO's proof of citizenship requirement for the national voter registration form "would prevent only a tiny amount of noncitizen voter registration but stop millions of eligible voters, who do not have easy access to documents such as passports from registering to vote."

    Go to article
  • 2025.03.26 Breaking Down the Constitutionality of Requiring Proof of U.S. Citizenship to Vote - Bloomberg

    Harvard Law Professor Noah Feldman discusses the constitutionality of this EO, noting that requiring the Election Assistance Commission to make it harder to prove citizenship in order to register to vote is unlawful and pressuring states not to accept absentee or mail-in ballots is probably unlawful.

    Go to article

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