President Donald Trump signed an executive order today that commands the enforcement of federal election laws that define the date and time of elections, when ballots are to be counted, and notably, requires that only U.S. citizens be permitted to vote in federal elections.
Most notably, the order requires a paper record for votes and forbids voting by barcode only. It also withholds federal funding from states that refuse to comply with federal statutes that regulate voting. Proof of citizenship will be required to vote.
No more will states be permitted to count ballots after Election Day.
“Honest Elections,” “Unmarred by Fraud”
The order opens by condemning the failure of the United States to “to enforce basic and necessary election protections employed by modern, developed nations, as well as those still developing.”
Even India and Brazil, require voter identification by biometric data, “while the United States largely relies on self-attestation for citizenship,” the order says:
In tabulating votes, Germany and Canada require use of paper ballots, counted in public by local officials, which substantially reduces the number of disputes as compared to the American patchwork of voting methods that can lead to basic chain-of-custody problems. Further, while countries like Denmark and Sweden sensibly limit mail-in voting to those unable to vote in person and do not count late-arriving votes regardless of the date of postmark, many American elections now feature mass voting by mail, with many officials accepting ballots without postmarks or those received well after Election Day.
Free, fair, and honest elections unmarred by fraud, errors, or suspicion are fundamental to maintaining our constitutional Republic.
The order observes that the Constitution requires state governments to “safeguard” elections by complying with federal laws “that protect Americans’ voting rights and guard against dilution by illegal voting, discrimination, fraud, and other forms of malfeasance and error.”
The federal government does not do so, notably by not forbidding states from counting ballots “received after Election Day” and by not enforcing laws that forbid non-citizens from registering to vote.
The order says the Trump administration will enforce 2 U.S. Code 7 and 3 U.S. Code 1, which sets Election Day and requires presidential electors to be appointed on Election Day. The order cites a ruling last year by the U.S. Fifth Circuit Court of Appeals in Republican National Committee v. Wetzel. It said those the laws “set ‘the day by which ballots must be both cast by voters and received by state officials.’” Despite that ruling, states violate those laws “by counting ballots received after Election Day,” the order says:
This is like allowing persons who arrive 3 days after Election Day, perhaps after a winner has been declared, to vote in person at a former voting precinct, which would be absurd.
Proof of Citizenship Required
Citing 18 U.S. Code 1015 and 611, which penalizes false statements of citizenship and voting by aliens, the order avers that states “fail adequately to vet voters’ citizenship.” As well, the Department of Justice does not enforce those laws. “Even worse, the prior administration actively prevented States from removing aliens from their voter lists,” the order says.
Henceforth, to stop foreign nationals from voting, the national mail voter registration form will require “documentary proof of United States citizenship, consistent with 52 U.S.C. 20508(b)(3),” the order says. As well, state and local officials must record any documents the voter applicant uses to prove citizenship.
Proofs of citizenship include a U.S. passport, a REAL identification card, a military ID card that shows U.S. citizenship, or a valid federal or state I.D. that proves citizenship.
Access to Data
The Department of Homeland Security must provide the states’ access to data to verify citizenship.
DHS must also coordinate with the Department of Government Efficiency to review voter lists and “available records concerning voter list maintenance activities as required by 52 U.S.C. 20507.”
DHS, the order says, must provide the Justice Department with “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, and shall also take all appropriate action to submit to relevant State or local election officials such information.”
As well, DOJ must prioritize enforcing the law that forbids noncitizens from voting and prosecute foreigners who unlawfully registered or voted. Helping that effort, the Social Security Administration must provide state and local officials with data needed to verify the eligibility of individuals to register and those who have already registered.
In keeping with 52 U.S. Code 20301, which governs absentee voting by deployed military or Americans abroad, the Defense Department must update its Post Card application to require proof of citizenship and eligibility to vote.
No Foreign Contributions, Barcode-only Voting
Another federal statute, 52 U.S.C. 30121, forbids contributions to elections by foreign nations. Nonetheless, the order continues, “foreign nationals and non-governmental organizations have taken advantage of loopholes in the law’s interpretation, spending millions of dollars through conduit contributions and ballot-initiative-related expenditures.”
Perhaps most importantly, the order bans barcode only voting;
[V]oting systems should not use a ballot in which a vote is contained within a barcode or quick-response code in the vote counting process except where necessary to accommodate individuals with disabilities and should provide a voter-verifiable paper record to prevent fraud or mistake.
Crimes To Be Prosecuted
The order also requires DOJ to coordinate with states to prosecute those who registered multiple times, voted fraudulently, lied on voter registered forms, or threatened voters or election officials.
The Justice Department must also “take all necessary action” against states that refuse to enforce federal voting laws. They do so by permitting “absentee or mail-in ballots received after Election Day in the final tabulation of votes for the appointment of Presidential electors and the election of members of the United States Senate and House of Representatives.”
That last would prevent the after-midnight vote counting that occurred in 2020. Those votes happened to go heavily for former President Joe Biden.
