Yesterday, President Donald Trump signed an Executive Order “Preserving And Protecting The Integrity Of American Elections.”
The EO commits the Trump administration to a host of much needed election reforms, or perhaps more correctly, the much-needed vigorous enforcement of existing federal election laws.
Under the Constitution, State governments must safeguard American elections in compliance with Federal laws that protect Americans’ voting rights and guard against dilution by illegal voting, discrimination, fraud, and other forms of malfeasance and error. Yet 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.
As the President announced in the Executive Order:
Federal law establishes a uniform Election Day across the Nation for Federal elections, 2 U.S.C. 7 and 3 U.S.C. 1. It is the policy of my Administration to enforce those statutes and require that votes be cast and received by the election date established in law. As the United States Court of Appeals for the Fifth Circuit recently held in Republican National Committee v. Wetzel (2024), those statutes set “the day by which ballots must be both cast by voters and received by state officials.” Yet numerous States fail to comply with those laws by counting ballots received after Election Day. 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.
Several Federal laws, including 18 U.S.C. 1015 and 611, prohibit foreign nationals from registering to vote or voting in Federal elections. Yet States fail adequately to vet voters’ citizenship, and, in recent years, the Department of Justice has failed to prioritize and devote sufficient resources for enforcement of these provisions. Even worse, the prior administration actively prevented States from removing aliens from their voter lists.
Additionally, Federal laws, such as the National Voter Registration Act (Public Law 103-31) and the Help America Vote Act (Public Law 107-252), require States to maintain an accurate and current Statewide list of every legally registered voter in the State. And the Department of Homeland Security is required to share database information with States upon request so they can fulfill this duty. See 8 U.S.C. 1373(c). Maintaining accurate voter registration lists is a fundamental requirement in protecting voters from having their ballots voided or diluted by fraudulent votes.
Federal law, 52 U.S.C. 30121, prohibits foreign nationals from participating in Federal, State, or local elections by making any contributions or expenditures. But 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. This type of foreign interference in our election process undermines the franchise and the right of American citizens to govern their Republic.
The specific actions the President ordered include, but are not limited to the following:
* Enforcing the Citizenship Requirement for Federal Elections.
* Providing Other Assistance to States Verifying Eligibility, such as making the Social Security Number Verification Service, the Death Master File, and any other Federal databases containing relevant information to all State and local election officials.
* The Election Assistance Commission shall initiate appropriate action to amend the Voluntary Voting System Guidelines 2.0 and issue other appropriate guidance establishing standards for voting systems to protect election integrity.
* Prosecuting Election Crimes.
* Improving Security of Voting Systems, including The Secretary of Homeland Security shall, in coordination with the Election Assistance Commission and to the maximum extent possible, review and report on the security of all electronic systems used in the voter registration and voting process.
* Compliance with Federal Law Setting the National Election Day, The Attorney General shall take all necessary action to enforce 2 U.S.C. 7 and 3 U.S.C. 1 against States that violate these provisions by including 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.
* Preventing Foreign Interference and Unlawful Use of Federal Funds. The Attorney General, in consultation with the Secretary of the Treasury, shall prioritize enforcement of 52 U.S.C. 30121 and other appropriate laws to prevent foreign nationals from contributing or donating in United States elections.
We applaud President Trump for his comprehensive Executive Order on Election Integrity, and especially for the section on investigating the security of electronic voting machines, where too much secrecy and gross violations of the public’s right to know have rightly undermined confidence in our elections.
But an Executive Order only goes so far, and it could all be undone by a future Democrat President,
We call upon Congress to pass the SAVE Act (HR 22), introduced by Rep. Chip Roy and co-sponsored by 62 (and counting) House Republicans. The Capitol Switchboard is (202-224-3121), call your Representative today to demand he or she co-sponsor the SAVE Act, HR 22, and urge Speaker Johnson to bring it to the Floor for prompt passage.
2024 Election
Trump executive orders
Election integrity
voter ID
2020 election
Election reforms
Election laws
State governments
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Federal Election law
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