President Donald Trump signed an executive order Tuesday that seeks to impose sweeping changes on how federal elections are conducted—despite the Constitution clearly assigning such powers to the states and Congress.
During the White House signing ceremony, staff secretary Will Scharf declared it “the farthest reaching executive action taken” in U.S. history. The order, which will likely face immediate legal challenges, could drastically reshape how Americans vote, increasing Trump’s direct influence over the electoral process.
Tighter Restrictions, Tougher Rules
The executive order reflects Trump’s long-standing claims about election security, many of which have been widely debunked. Among its key provisions, it mandates changes to the federal voter registration form, requiring proof of citizenship such as a passport or Real ID—making it significantly harder for many to register. Additionally, it aims to prohibit states from counting mail-in ballots received after Election Day, even if state laws allow them as long as they are postmarked on time.
Perhaps most strikingly, the order directs the Department of Justice to aggressively track and prosecute so-called election crimes, a move critics say could be used to intimidate voters and officials.
A Federal Takeover of Election Security?
The order asserts that elections fall under the Department of Homeland Security’s duty to protect critical infrastructure, directing the agency—alongside the attorney general—to review the security of all electronic systems used in voter registration and the voting process. Trump has long pushed for a return to paper ballots, repeatedly claiming, without evidence, that electronic voting systems enable fraud.
States that fail to comply with the new directives risk losing crucial federal funding—a penalty that could force election officials to abide by the administration’s controversial rules, whether they agree with them or not.
Legal Challenges Already Brewing
Election fraud is exceedingly rare, with dozens of lawsuits after the 2020 election failing to uncover any significant illegal activity. Attorney Marc Elias, founder of the voting rights advocacy group Democracy Docket, wasted no time in announcing plans to challenge the executive order in court.
“This will not stand,” Elias declared on social media, signaling the start of what is sure to be a high-stakes legal battle.
One key target of legal scrutiny is the Election Assistance Commission (EAC), a federal agency created by Congress in 2002 to operate independently of direct White House control. Trump’s order calls on the EAC to help implement these sweeping changes, but legal experts argue that doing so may violate the agency’s congressional mandate.
As the fallout from this executive order unfolds, one thing is certain: the future of U.S. elections just became even more uncertain.
