Presidential Order Enhances Federal Election Citizenship Verification
A presidential order has been issued to enhance citizenship verification and integrity in federal elections. This directive leverages authorities from the Help America Vote Act of 2002, the National Voter Registration Act of 1993, and the U.S. Constitution.
The order emphasizes that only U.S. citizens are eligible to vote in federal elections and aims to prevent non-citizens from registering or casting ballots.
Citizenship Verification Initiatives
The order directs the Secretary of Homeland Security (DHS), through U.S. Citizenship and Immigration Services, in coordination with the Social Security Administration (SSA), to compile and transmit "State Citizenship Lists" to chief election officials in each state.
These lists will identify confirmed U.S. citizens aged 18 or older residing in the respective states. The data will be drawn from federal citizenship and naturalization records, SSA records, and the Systematic Alien Verification for Entitlements (SAVE) program.
Procedures are to be established allowing individuals to access, update, or correct their records. States will also be able to supplement or amend these lists as needed.
Identification on a State Citizenship List does not constitute voter registration; state and federal laws and procedures for voter registration must still be followed.
Election Fraud Investigations Prioritized
The Attorney General is directed to prioritize investigations and prosecutions of state and local officials, or any others involved in federal election administration, who issue federal ballots to individuals ineligible to vote.
This directive also extends to individuals and entities involved in the printing, production, shipment, or distribution of ballots to ineligible voters.
Mail-In and Absentee Ballot Rulemaking
The Postmaster General is instructed to initiate proposed rulemaking within 60 days. The goal is to establish uniform standards for mail-in and absentee ballot services via the United States Postal Service (USPS).
Key provisions proposed for outbound ballot mail include:
- Marking as Official Election Mail, potentially with a designated logo.
- Being automation-compatible and bearing a unique Intelligent Mail barcode or similar USPS technology for tracking.
- Undergoing a mail envelope design review by USPS.
States wishing to use USPS for mail-in or absentee ballots must notify USPS no fewer than 90 days before a federal election. States may also submit lists of eligible voters to whom they intend to provide ballots.
The USPS will not transmit mail-in or absentee ballots from individuals unless they are enrolled on a state-specific "Mail-In and Absentee Participation List" with the USPS.
The USPS will provide each state with this list and unique ballot envelope identifiers for individuals on the list. States will have procedures to update these lists regularly.
The USPS will coordinate with its Office of Inspector General and the Department of Justice to investigate suspected unlawful use of mail in federal election materials. A final rule for these standards is expected within 120 days.
Implementation and Enforcement
The Secretary of Homeland Security, the Commissioner of SSA, and the Postmaster General will coordinate with the Secretary of Commerce for the comprehensive implementation of this order. The Attorney General will enforce compliance with federal statutes and provide guidance to election officials and related entities.
DHS is tasked with establishing the necessary infrastructure for the State Citizenship List within 90 days and designating a point of contact for individual and state requests.
The Attorney General and heads of relevant executive departments and agencies are authorized to take lawful steps to deter noncompliance. This includes, where legally permissible, withholding federal funds from noncompliant states and localities. Evidence of violations may be referred to the Department of Justice for investigation or charges.
States and localities are directed to preserve voter participation records, excluding cast ballots, for a five-year period.
General Provisions
The order clarifies that it does not impair existing agency authority or the functions of the Office of Management and Budget. Implementation is subject to applicable law and the availability of appropriations.
The order does not create any new enforceable rights or benefits against the U.S. government or its entities.