PRESERVING
AND PROTECTING THE INTEGRITY OF AMERICAN ELECTIONS
Executive Orders March 25, 2025
By
the authority vested in me as President by the Constitution and the laws of the
United States of America, it is hereby ordered:
Section 1. Purpose and Policy. Despite
pioneering self-government, the United States now fails to enforce basic and
necessary election protections employed by modern, developed nations, as well
as those still developing. India and Brazil, for example, are tying voter
identification to a biometric database, while the United States largely relies
on self-attestation for citizenship. 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 right of
American citizens to have their votes properly counted and tabulated, without
illegal dilution, is vital to determining the rightful winner of an election.
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.
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.
Above all, elections must be honest and worthy of the public trust. That
requires voting methods that produce a voter-verifiable paper record allowing
voters to efficiently check their votes to protect against fraud or mistake.
Election-integrity standards must be modified accordingly. It is the policy of my Administration to enforce Federal law and to protect the
integrity of our election process.
Sec. 2. Enforcing the Citizenship Requirement for
Federal Elections. To enforce the Federal prohibition on foreign
nationals voting in Federal elections:
(a)(i)
Within 30 days of the date of this order, the Election Assistance Commission
shall take appropriate action to require, in its national mail voter
registration form issued under 52 U.S.C. 20508:
(A)
documentary proof of United States citizenship, consistent with 52 U.S.C.
20508(b)(3); and
(B)
a State or local official to record on the form the type of document that
the applicant presented as documentary proof of United States citizenship,
including the date of the document’s issuance, the date of the document’s
expiration (if any), the office that issued the document, and any unique
identification number associated with the document as required by the criteria
in 52 U.S.C. 21083(a)(5)(A), while taking appropriate measures to ensure
information security.
(ii)
For purposes of subsection (a) of this section, “documentary proof of
United States citizenship” shall include a copy of:
(A)
a United States passport;
(B)
an identification document compliant with the requirements of the REAL ID
Act of 2005 (Public Law 109-13, Div. B) that indicates the applicant is a
citizen of the United States;
(C)
an official military identification card that indicates the applicant is
a citizen of the United States; or
(D)
a valid Federal or State government-issued photo identification if such
identification indicates that the applicant is a United States citizen or if
such identification is otherwise accompanied by proof of United States
citizenship.
(b)
To identify unqualified voters registered in the States:
(i)
the Secretary of Homeland Security shall, consistent with
applicable law, ensure that State and local officials have, without the
requirement of the payment of a fee, access to appropriate systems for
verifying the citizenship or immigration status of individuals registering to
vote or who are already registered;
(ii)
the Secretary of State shall take all lawful and appropriate action to
make available information from relevant databases to State and local election
officials engaged in verifying the citizenship of individuals registering to
vote or who are already registered; and
(iii)
the Department of Homeland Security, in coordination with the DOGE
Administrator, shall review each State’s publicly available voter registration
list and available records concerning voter list maintenance activities as
required by 52 U.S.C. 20507, alongside Federal immigration databases and State
records requested, including through subpoena where necessary and authorized by
law, for consistency with Federal requirements.
(c)
Within 90 days of the date of this order, the Secretary of Homeland
Security shall, consistent with applicable law, provide to the Attorney General
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.
(d)
The head of each Federal voter registration executive department or
agency (agency) under the National Voter Registration Act, 52 U.S.C. 20506(a),
shall assess citizenship prior to providing a Federal voter registration form
to enrollees of public assistance programs.
(e)
The Attorney General shall prioritize enforcement of 18 U.S.C. 611 and
1015(f) and similar laws that restrict non-citizens from registering to vote or
voting, including through use of:
(i)
databases or information maintained by the Department of Homeland
Security;
(ii)
State-issued identification records and driver license databases; and
(iii)
similar records relating to citizenship.
(f)
The Attorney General shall, consistent with applicable laws, coordinate
with State attorneys general to assist with State-level review and prosecution
of aliens unlawfully registered to vote or casting votes.
Sec. 3. Providing Other Assistance to States
Verifying Eligibility. To assist States in determining whether
individuals are eligible to register and vote:
(a)
The Commissioner of Social Security shall take all appropriate action to
make available 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 engaged in verifying the eligibility of
individuals registering to vote or who are already registered. In
determining and taking such action, the Commissioner of Social Security shall
ensure compliance with applicable privacy and data security laws and
regulations.
(b)
The Attorney General shall ensure compliance with the requirements of 52
U.S.C. 20507(g).
(c)
The Attorney General shall take appropriate action with respect to States
that fail to comply with the list maintenance requirements of the National
Voter Registration Act and the Help America Vote Act contained in
52 U.S.C. 20507 and 52 U.S.C. 21083.
(d)
The Secretary of Defense shall update the Federal Post Card Application,
pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.
20301, to require:
(i)
documentary proof of United States citizenship, as defined by section
2(a)(ii) of this order; and
(ii)
proof of eligibility to vote in elections in the State in which the voter
is attempting to vote.
Sec. 4. Improving
the Election Assistance Commission.
(a) The Election Assistance Commission shall, pursuant to 52 U.S.C.
21003(b)(3)and 21142(c) and consistent with applicable law, take all
appropriate action to cease providing Federal funds to States that do not
comply with the Federal laws set forth in 52 U.S.C. 21145, including the
requirement in 52 U.S.C. 20505(a)(1) that States accept and use the national
mail voter registration form issued pursuant to 52 U.S.C. 20508(a)(1),
including any requirement for documentary proof of United States citizenship
adopted pursuant to section 2(a)(ii) of this order.
(b)(i)
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.
The amended guidelines and other guidance shall provide that voting
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.
(ii)
Within 180 days of the date of this order, the Election Assistance
Commission shall take appropriate action to review and, if appropriate,
re-certify voting systems under the new standards established under subsection
(b)(i) of this section, and to rescind all previous certifications of voting
equipment based on prior standards.
(c)
Following an audit of Help America Vote Act fund expenditures conducted
pursuant to 52 U.S.C. 21142, the Election Assistance Commission shall report
any discrepancies or issues with an audited State’s certifications of
compliance with Federal law to the Department of Justice for appropriate
enforcement action.
(d)
The Secretary of Homeland Security and the Administrator of the Federal
Emergency Management Agency, consistent with applicable law, shall in
considering the provision of funding for State or local election offices or
administrators through the Homeland Security Grant Programs, 6 U.S.C. 603 et
seq., heavily prioritize compliance with the Voluntary Voting System Guidelines
2.0 developed by the Election Assistance Commission and completion of testing
through the Voting System Test Labs accreditation process.
Sec. 5. Prosecuting Election Crimes. To
protect the franchise of American citizens and their right to participate in
fair and honest elections:
(a)
The Attorney General shall take all appropriate action to enter into
information-sharing agreements, to the maximum extent possible, with the chief
State election official or multi-member agency of each State. These
agreements shall aim to provide the Department of Justice with detailed
information on all suspected violations of State and Federal election laws
discovered by State officials, including information on individuals who:
(i)
registered or voted despite being ineligible or who registered
multiple times;
(ii)
committed election fraud;
(iii)
provided false information on voter registration or other election forms;
(iv)
intimidated or threatened voters or election officials; or
(v)
otherwise engaged in unlawful conduct to interfere in the election
process.
(b)
To the extent that any States are unwilling to enter into such an
information sharing agreement or refuse to cooperate in investigations and
prosecutions of election crimes, the Attorney General shall:
(i)
prioritize enforcement of Federal election integrity laws in such States
to ensure election integrity given the State’s demonstrated unwillingness to
enter into an information-sharing agreement or to cooperate in investigations
and prosecutions; and
(ii)
review for potential withholding of grants and other funds that the
Department awards and distributes, in the Department’s discretion, to State and
local governments for law enforcement and other purposes, as consistent with
applicable law.
(c)
The Attorney General shall take all appropriate action to align the
Department of Justice’s litigation positions with the purpose and policy of
this order.
Sec. 6. Improving Security of Voting Systems.
To improve the security of all voting equipment and systems used to cast
ballots, tabulate votes, and report results:
(a)
The Attorney General and the Secretary of Homeland Security shall take
all appropriate actions to the extent permitted by 42 U.S.C. 5195c and all
other applicable law, so long as the Department of Homeland Security maintains
the designation of election infrastructure as critical infrastructure, as
defined by 42 U.S.C. 5195c(e), to prevent all non-citizens from being involved
in the administration of any Federal election, including by accessing election
equipment, ballots, or any other relevant materials used in the conduct of any
Federal election.
(b)
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. The Secretary of Homeland Security, as the head of
the designated Sector Risk Management Agency under 6 U.S.C. 652a, in
coordination with the Election Assistance Commission, shall assess the security
of all such systems to the extent they are connected to, or integrated into,
the Internet and report on the risk of such systems being compromised through
malicious software and unauthorized intrusions into the system.
Sec. 7. Compliance with Federal Law Setting the
National Election Day. To achieve full compliance with the Federal
laws that set the uniform day for appointing Presidential electors and electing
members of Congress:
(a)
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.
(b)
Consistent with 52 U.S.C. 21001(b) and other applicable law, the Election
Assistance Commission shall condition any available funding to a State on that
State’s compliance with the requirement in 52 U.S.C. 21081(a)(6) that each
State adopt uniform and nondiscriminatory standards within that State that
define what constitutes a vote and what will be counted as a vote, including
that, as prescribed in 2 U.S.C. 7 and 3 U.S.C. 1, there be a uniform and
nondiscriminatory ballot receipt deadline of Election Day for all methods of
voting, excluding ballots cast in accordance with 52 U.S.C. 20301 et seq.,
after which no additional votes may be cast.
Sec. 8. 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. The Attorney General shall
likewise prioritize enforcement of 31 U.S.C. 1352, which prohibits lobbying by
organizations or entities that have received any Federal funds.
Sec. 9. Federal Actions to Address Executive Order
14019. The heads of all agencies, and the Election Assistance
Commission, shall cease all agency actions implementing Executive Order 14019
of March 7, 2021 (Promoting Access to Voting), which was revoked by Executive
Order 14148 of on January 20, 2025 (Initial Rescissions of Harmful Executive
Orders and Actions), and, within 90 days of the date of this order, submit to
the President, through the Assistant to the President for Domestic Policy, a
report describing compliance with this order.
Sec. 10. Severability. If any provision
of this order, or the application of any provision to any agency, person, or
circumstance, is held to be invalid, the remainder of this order and the
application of its provisions to any other agencies, persons, or circumstances shall
not be affected thereby.
Sec. 11. General Provisions. (a)
Nothing in this order shall be construed to impair or otherwise affect:
(i)
the authority granted by law to an executive department or agency, or
the head thereof; or
(ii)
the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b)
This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c)
This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party against
the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
DONALD J. TRUMP, THE
WHITE HOUSE, March 25, 2025.
https://www.whitehouse.gov/presidential-actions/2025/03/preserving-and-protecting-the-integrity-of-american-elections/
Norb
Leahy, Dunwoody GA Tea Party Leader
