On March 18, 2025, President Donald Trump signed a new executive order requiring prospective voters to provide proof of citizenship to register to vote. This measure tests the limits of presidential authority. The order mandates updating the federal voter registration form to include a requirement that registrants show proof of citizenship, such as a passport, to local or state officials. The executive order aims to remove noncitizens from voter rolls and calls for collaboration between states and federal agencies to prosecute election crimes. It further grants federal agencies access to state voter rolls to ensure consistency with federal requirements.
Voting rights advocates express concern that these new provisions could prevent millions of Americans from voting if implemented. Critics argue that Trump lacks the legal authority to make such changes, as the executive order conflicts with existing federal voting law. Legal experts, including Sean Morales-Doyle from the Brennan Center for Justice, assert that the order is illegal on multiple levels. They claim the president cannot direct the Election Assistance Commission, an independent bipartisan agency, to make changes to the federal voter registration form.
The order’s insistence on proof of citizenship would significantly alter voter registration processes if enforced. It specifies several identification options to verify citizenship, such as a U.S. passport or a military ID indicating citizenship. However, the order does not explicitly mention birth certificates as a means of proving citizenship, aligning with another recent Trump order that challenges birthright citizenship.
The executive order also seeks to prevent states from counting mail or absentee ballots received after Election Day by withholding funding from states that do not comply. Despite the executive order, Morales-Doyle and others believe the requirement for proof of citizenship is not likely to be legally sustained. Additionally, the proposal echoes initiatives in the Republican-backed SAVE Act, though the measure faces challenges in the Senate. At present, only about half of Americans hold a U.S. passport, and a limited number of states offer driver’s licenses that verify citizenship.