President Donald Trump on Tuesday signed an executive order that attempts to give the federal government sweeping authority over the country’s elections systems.
But the order is likely to run up against multiple legal challenges given that the U.S. constitution expressly gives the power to run elections to the states, with some authority delegated to Congress.
Trump’s order requires the Department of Homeland Security — which is carrying out the president’s mass deportation push — to create a list of U.S. citizens who are eligible to vote. DHS would be expected to rely on information provided by the Social Security Administration, according to the Daily Caller, which first reported the Trump administration’s plans.
The U.S. Postal Service would then use that database to send absentee ballots to voters identified as eligible for mail-in voting, according to a White House fact sheet. The ballots would be mailed in envelopes with special codes only to voters enrolled in state-specific absentee ballot programs.
Furthermore, the order directs the attorney general to “prioritize the investigation and prosecution” of election entities or individuals that distribute mail-in ballots to voters deemed ineligible. It also directs the federal government to withhold funding from states and localities that refuse to comply with the order.
Foreshadowing the clash ahead, shortly after Trump signed the “Ensuring Citizenship Verification and Integrity in Federal Elections” order, election officials in Oregon and Arizona pledged to legally challenge the directive, The Associated Press reported.
Election experts immediately pointed out that the president has little authority to implement the executive order.
“Some may freak out about this, but honestly, this is hilarious. It’s clearly unconstitutional, will be blocked immediately, and the only thing it will accomplish is to make liberal lawyers wealthier. He might as well sign an EO banning gravity,” said David Becker, executive director of the nonpartisan Center for Election Innovation & Research.
In a statement to MS NOW, Becker said that “there’s not a single provision in here that will withstand judicial review. This is a wholly unconstitutional executive order. It will be blocked before the ink is dry. The president has no power under the constitution to dictate to states how they run elections.”
There’s not a single provision in here that will withstand judicial review. This is a wholly unconstitutional executive order. It will be blocked before the ink is dry.”
David Becker, executive director of the nonpartisan Center for Election Innovation & Research.
The president has long lambasted mail-in voting as “cheating,” despite little evidence of it being misused. Trump himself voted by mail in a recent Florida election, even after denouncing the practice. The signing of the executive order comes as Trump has demanded—so far unsuccessfully —that Congress pass the SAVE Act, an elections bill that requires proof of citizenship when signing up to vote and for voters to produce a photo ID at the polling place. He has insisted lawmakers include a ban on mail-in voting in the legislation, though that language has yet to be adopted.
Trump’s latest move comes as he continues to fixate on his 2020 election loss, which he claims without evidence was the result of voter fraud — no evidence of widespread voter fraud was found despite multiple investigations. The administration has also baselessly claimed that mail-in ballots in particular are susceptible to fraud.
Trump’s focus on election security is at odds with the economic messaging Republicans on Capitol Hill would like to rally around as they face a tough midterm election in their battle to stay in the majority.
FBI agents recently executed a warrant in the Fulton County, Ga., elections office related to the 2020 election, and a Florida grand jury has reportedly been empaneled to revisit unproven allegations of government overreach surrounding Russia’s interference in the 2016 election.
Trump’s Justice Department has demanded voter registration lists from almost all 50 states, and sued 29 states and Washington D.C. for not complying. A dozen other states have agreed to provide that information, including Alaska, Arkansas, Indiana, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, Texas and Wyoming.
The Trump administration has also long called for requiring identification and proof of citizenship at the polls, restrictive measures that voting rights experts said enable voter suppression.
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