President Donald Trump recently issued an executive order that demands broad changes to how elections are run in the United States. Critics say the order is overreaching and unconstitutional but if allowed to stand would prevent millions of qualified Americans from being able to vote in federal elections.
Trump is ordering voters to show proof that they are U.S. citizens before they can register for federal elections, count only mail or absentee ballots received by Election Day, set new rules for voting equipment and prohibit non-U.S. citizens from being able to donate in certain elections.
The central issue is that the Constitution specifically gives states the authority to run their own elections. And conservatives have long presented arguments against the expansion of voting rights under Article I, Section 4 of the Constitution, also known as The Elections Clause. It reads “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations…”
There is no mention of presidential authority over elections. In addition, there is the 10th Amendment which reserves powers not delegated to the federal government to the states. This is often cited to defend state control over elections.
Nevertheless, Trump’s order calls for the federal voter registration form to be amended so prospective voters must provide documentary proof of citizenship, such as a U.S. passport or a birth certificate.
It also says states should turn over their voter lists and records of voter list maintenance to the Department of Homeland Security and the Department of Government Efficiency for review and directs federal agencies to share data with states to help them identify noncitizens on their rolls.
If states refuse to collaborate with federal law enforcement to prosecute election crimes, they could potentially lose out on federal grants, the order says.
Republicans have been trying to get a documentary proof of citizenship requirement through Congress, a goal this order seeks to accomplish. Voting rights groups have expressed concern about such a requirement, saying it could disenfranchise the millions of Americans who do not have proof of citizenship readily available.
Guests:
Sean Morales-Doyle is director of the Brennan Center for Justice’s Voting Rights Program
Hector Sanchez Barba is President and CEO of Mi Familia Vota
"The Source" is a live call-in program airing Mondays through Thursdays from 12-1 p.m. Leave a message before the program at (210) 615-8982. During the live show, call 833-877-8255, email thesource@tpr.org.
This interview will be recorded on Thursday, March 27, 2025.
