On Tuesday, March 25, 2025, President Donald Trump signed a sweeping executive order aimed at reshaping election administration across the country, particularly concerning rules on citizenship verification and mail-in voting.
The order immediately drew criticism from voting rights experts, who questioned whether the president has the legal authority to implement some of its directives. If enforced, the order could significantly alter how Americans vote and how ballots are counted—potentially disenfranchising many legitimate voters for every instance of voter fraud it seeks to prevent.
One of the order’s key provisions asserts that federal law requires all states to reject ballots not received by Election Day. It directs the Justice Department to “take all necessary action to enforce” this requirement, a move seen as directly targeting states with widespread mail-in voting, from California to Alaska.
Election laws vary across states, but none currently allow ballots cast after Election Day to be counted. Some states accept absentee ballots that arrive after Election Day, provided they were postmarked by Election Day. Others, however, require ballots to be physically received by election officials before polls close. For instance, Florida mandates that ballots arrive by 7 p.m. on Election Day, whereas California allows ballots postmarked by Election Day to be counted if they arrive within seven days.
Federal courts have previously weighed in on the debate over whether ballots should be accepted based on postmark versus receipt deadlines. However, there is no explicit federal law preventing states from counting timely postmarked ballots that arrive after Election Day.
Trump has long criticized certain voting practices, particularly mail-in voting, which he claims have been unfair to him. Since the 2020 election, he has repeatedly alleged, without evidence, that the election was rigged against him. His executive order incorporates several changes he has advocated for in recent years.
The order also directs the Election Assistance Commission (EAC), an independent federal agency, to require proof of citizenship on the national voter registration form. While federal law mandates that states accept this form, states can still create their own voter registration applications.
Critics argue that a proof-of-citizenship requirement could disproportionately impact low-income and marginalized voters, creating an additional barrier to voter registration. Given that voter fraud is extremely rare, experts warn that the order could lead to widespread disenfranchisement of lawful voters while doing little to deter fraudulent voting.
Another section of the order grants the Department of Justice, in coordination with the Department of Homeland Security, the authority to subpoena states for voter roll audits to ensure compliance with federal law. States that fail to comply with the order risk losing federal funding.
Citing long-standing concerns among conservative circles, Trump defended the changes during the signing ceremony at the White House.
“Election fraud. You’ve heard the term. We’ll end it, hopefully. At least, this will go a long way toward ending it,” Trump said. “We got to straighten out our elections.”
Election law experts quickly raised concerns, particularly regarding Trump’s authority to direct the Election Assistance Commission.
“Even putting aside the substance, there’s a huge question about whether Trump can direct the EAC to do anything,” said UCLA Law professor Rick Hasen. “I think the answer is no. But this may well be tested in court.”
Justin Levitt, an election lawyer who previously served as a voting rights adviser under President Joe Biden, echoed Hasen’s concerns, stating that “the vast majority of what it does is not lawful.” He also expressed skepticism that the EAC would comply with the order.
“I don’t think there will be three votes to execute what the president has purported to require,” Levitt said.
Hasen further noted that any modification to the national voter registration form would have far-reaching consequences. He characterized the executive order as an attempt to bypass Congress and implement provisions of the Republican-led SAVE Act, which mandates proof of citizenship for federal elections.
“I don’t think that Trump has the power to do that, but if he did, it would affect millions of registered voters’ ability to register and vote in federal elections,” Hasen said.
The executive order is expected to face immediate legal challenges, with critics arguing that it oversteps presidential authority and threatens voting access nationwide.
