Return to News Mar 26, 2025

TO: Interested Parties

FROM: Elias Law Group LLP

RE: New Executive Order Attempts to Overhaul Federal Elections

Yesterday, President Trump issued a sweeping executive order (the “Order”) attempting to overhaul federal elections by making it harder to register to vote, threatening to withhold federal funding from states that count mail ballots received after Election Day, ordering a myriad of programs aimed at verifying the citizenship status and eligibility of voters, and making it more difficult for uniformed and overseas voters to cast a ballot. Additional details about the Order are below.

  • Ballots Received After Election Day. The Order directs the Attorney General to enforce the President’s erroneous view that federal law prohibits states from counting mail ballots received after Election Day in elections for President, U.S. Senate, and U.S. House and instructs the Election Assistance Commission to “condition any available funding” to states on their compliance with that erroneous view of the law.

  • Federal Voter Registration Form. The Order directs the Election Assistance Commission to “take appropriate action to require” individuals to provide documentary proof of citizenship when using the national mail voter registration form to register to vote or update their registration. Documentary proof of citizenship includes a passport or a REAL ID, military ID, or other valid government ID that indicates the applicant is a citizen. State and local officials must also record on the form information about the proof of citizenship provided by the applicant. The Order also directs the Election Assistance Commission to withhold funds from states that refuse to use the updated form requiring documentary proof of citizenship.

  • Federal Post Card Absentee Application. The Order instructs the Department of Defense to update the federal post card application to require uniformed and overseas voters to provide proof of citizenship and proof of eligibility to vote in elections in the state in which they are attempting to vote when using the postcard to vote absentee.

  • Agency Efforts to Verify Citizenship Status and Eligibility of Voters. The Order instructs various federal officials and agencies to take certain actions to verify the eligibility of both registered voters and individuals seeking to register to vote. Specifically, the order:
    • Directs the Secretary of Homeland Security and Secretary of State to give state and local officials access to certain databases and information to verify the citizenship status of voters. The Order also directs the Commissioner of Social Security to provide access to the Social Security Number Verification Services, the Death Master File, and any other federal databases relevant to verifying voter eligibility.
    • Directs the Department of Homeland Security and the DOGE Administrator to review each state’s voter registration list and list maintenance records alongside Federal immigration databases for “consistency with Federal requirements.” As part of this requirement, the Order appears to authorize DHS and DOGE to subpoena state records.
    • Directs the Secretary of Homeland Security to provide information to the Attorney General and local election officials on foreign nationals who have indicated on any immigration form that they’ve voted in any federal, state, or local election.
    • Directs the Attorney General to prioritize enforcement of federal laws prohibiting non-citizens from voting and coordinate with state attorneys general to prosecute non-citizens who are registered to vote or have voted.
    • Requires federal voter registration agencies to “assess” an applicant’s citizenship before even providing an applicant with the federal voter registration form, regardless of their ability to do so reliably.
  • Voting Systems Guidelines. The Order directs the Election Assistance Commission to:  (i) revise its voting system guidelines to provide that voting systems should not use a ballot in which a vote is contained within a barcode or QR code (except for voters with disabilities) and require that any voting system should produce a voter-verifiable paper record; (ii) within 180 days reconsider its certification of voting systems pursuant to these new standards; and (iii) report any discrepancies with states’ compliance with the new voting systems standards.

  • Prosecuting Election Crimes. The Order instructs the Attorney General to enter into information-sharing agreements with state election officials aimed at providing the Department of Justice with information on suspected violations of election laws. The Attorney General is also directed to prioritize their election integrity efforts on states that refuse to enter into such agreements and potentially withhold federal funding from those states.

  • Non-Citizen Involvement in Elections. The Order directs the Attorney General and Secretary of Homeland Security to take all necessary actions to prevent 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.”

  • Agency Actions Implementing Biden-Era Executive Order. The Order directs federal agencies to stop taking any actions to implement Executive Order 14019, which was signed by President Biden and required agencies to take various actions to expand access to voter registration and increase participation in elections. Agencies must submit a report within 90 days of the Order describing their compliance with this requirement to stop implementing Executive Order 14019.