President Donald Trump’s Executive Order, “Preserving and Protecting the Integrity of American Elections,” requires that voters must show proof of U.S. citizenship. The EO states that such a requirement is needed to combat voter fraud because current law "fails to enforce basic and necessary election protections." Voting rights advocates have criticized the order, which is similar to a Republican bill, as disenfranchising voters and adversely impacting minorities.
The order, signed on March 25, 2025, requires proof of citizenship for voting eligibility to identify unqualified voters on voter rolls, and to only count mail ballots received on or before Election Day. If states do not follow this order, they will be denied federal funding.
In addition to the executive order, a Republican member of Congress has reintroduced the “Safeguard American Voter Eligibility Act” or SAVE Act, which also requires proof of U.S. citizenship in order to vote in federal elections. The law was introduced in 2024 but failed in the Senate. The most recent legislation is still in House of Representatives.
There are legal questions regarding whether the executive order has the authority to govern elections in various states. Typically, state law governs the election process for each state, which is why currently states vary in voter ID laws, mail-in voting, and other election-related processes.
What Does the Executive Order Require?
The executive order sets forth the acceptable forms of U.S. citizenship documents, such as:
- A U.S. Passport
- A Real ID document
- An official military identification card indicating U.S. citizen status
- A valid Federal or State government-issued photo ID indicating U.S. citizen status
What Is a Real ID Document?
Congress passed The Real ID Act of 2005, requiring states to conform to specific rules when issuing photo identification cards, such as a driver’s license. You need a Real ID by May 7, 2025, in order to fly on commercial airlines, access federal government facilities or military bases, and enter nuclear power plants.
How Do I Get a Real ID?
In most cases, to receive a Real ID in your state, you must show proof that you are allowed to be in the United States through a:
- U.S. Passport
- U.S. Birth Certificate
- Valid Permanent Resident Card (Green Card)
You must also provide proof of a Social Security number and proof of residency. To prove your Social Security number, you can provide your Social Security card, Form W-2, or a paycheck or pay stub with your Social Security number. To prove state residency, you must show a deed, mortgage statement, lease agreement, bank statement, or utility bill with your state address. The Department of Homeland Security has a link to check your state’s requirements for issuing a Real ID.
Will This Executive Order Burden Eligible Voters?
A U.S. citizen who is 18 years or older has the right to vote in elections. However, U.S. citizens may be hampered in exercising their right to vote with the executive order. Consider:
- A married woman who has taken her husband’s name has a birth certificate with her maiden name. The documents do not match and create more hurdles for her to prove her U.S. citizenship.
- A transgender person who has a different name on their birth certificate than their name on a driver’s license has to take additional steps to prove their identity.
- A disabled or older person may not have the ability or resources to go to government offices to prove their identity and get a Real ID document.
- A legal immigrant may have language barriers, which makes it more challenging to get additional government documents such as a passport or Real ID document.
- People traveling outside the country, especially military personnel, have less time to mail their absentee ballots to be counted for Election Day.
It may make it more difficult for these groups to conform to the proof of citizenship requirements issued by the White House, and as a result, they may not be able to vote in Presidential elections.
Is This Executive Order Constitutional?
Obtaining documentary proof of citizenship, such as a passport, costs money. This extra burden could be likened to a poll tax, which is prohibited by the Twenty-Fourth Constitutional Amendment. Additionally, the U.S. Supreme Court ruling in Harman v. Forssenius (1965) held that Virginia could not require residents to file a certificate of residence.
The executive order may also be challenged as an overreach of federal executive authority. Article I, section 4 of the U.S. Constitution holds that "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof." While this clearly gives power to states to govern the "manner" of voting, the extent to which the president can influence election procedures could be a question for the courts to resolve.
Is This Executive Order Necessary?
It is already illegal for a non-citizen to vote. Any non-citizen who votes can be charged with a felony and deported.
In the last 40 years, The Heritage Foundation, a conservative think-tank, has found approximately 1,500 instances of voter fraud. To put that in perspective, over 77 million people voted for Donald Trump in 2025, compared to nearly 75 million for Kamala Harris.
Related Resources
- What Are Executive Orders? What Are Their Limits? (FindLaw Law and Daily Life)
- Voting Laws and Resources (FindLaw Learn About The Law)
- How Do I Protect My Right to Vote? (FindLaw Learn About The Law - Voting)
