Visitor publish by Garland Favorito from VoterGA.
Elections professional Garland Favorito breaks down President Trump’s Government Order on restoring free and truthful elections, titled “Preserving and Defending the Integrity of American Elections.”
On March 25, 2025, President Donald Trump signed Executive Order (EO) 14248 entitled “Preserving and Defending the Integrity of American Elections”. When he signed the order, the President talked about that this can be the primary of a number of election associated govt orders essential to safe United States elections. EO 14248 addresses key election integrity points corresponding to voter eligibility, fraud prevention, international interference and accountability for wrongdoing. It additionally places in place sorely wanted mechanisms to evaluate the accuracy of voter rolls and the safety of voting machines.
The order workout routines the President’s unquestioned Constitutional energy in Article II Part II which states: “…he shall take Care that the Legal guidelines be faithfully executed…” The EO incorporates 9 key sections, every of which references federal legal guidelines that the part helps to implement. Some transient highlights and authorized justification for every part are:
Sec. 1 . Function and Coverage
Part 1 identifies how sure international locations have election legal guidelines and procedures that defend their voters higher than we do in the US. Some use a Voter ID Biometric Database, others conduct elections readily available marked paper ballots which might be counted in public to resolve disputes whereas nonetheless others restrict mail-in voting, and don’t settle for ballots acquired after Election Day. In contrast, United States elections depend on self-attestation for citizenship, depend votes in secret on proprietary software program and settle for ballots which might be acquired after the election is performed.
The part additionally identifies a number of unenforced federal legal guidelines corresponding to these requiring a uniform Election Day, prohibiting international nationals from voting and taking part in elections and requiring States to take care of an correct and present Statewide checklist of each legally registered voter within the State.
2 U.S.C. 7, 3 U.S.C. 1, 18 U.S.C. 611 and 1015(f), (Pub. L. 107–252), (Pub. L. 103–31).
Sec. 2 . Imposing the Citizenship Requirement for Federal Elections.
Part 2 orders the Election Help Fee (EAC) to amend its nationwide mail voter registration kind issued to incorporate ‘‘documentary proof of U.S. citizenship’’. The proof generally is a United States passport, an identification doc compliant with necessities of 2005 REAL ID Act, official navy identification card or a legitimate Federal or State government-issued photograph ID offered that they point out the applicant is a U.S. citizen or it’s accompanied by proof of U.S. citizenship.
Part 2 additionally orders sure govt department companies to help states in establish unqualified voters registered within the States. It orders the Division of Homeland Safety (DHS) to make sure State and native officers have free entry to federal databases for verifying citizenship or immigration standing of these registering to vote or already registered. It orders the Secretary of State (SOS) to make out there data from related databases to State and native election official.
Part 2 lays the groundwork for future directives by ordering DHS, with the Division of Authorities Effectivity (DOGE) to overview every State’s publicly out there voter registration checklist and data regarding upkeep actions required by the Nationwide Voter Registration Act.
52 U.S.C. 20507 and U.S.C. 20508
Sec. 3 . Offering Different Help to States Verifying Eligibility.
Part 3 orders the Commissioner of Social Safety to make out there the Social Safety Quantity Verification Service and Demise Grasp File, to assist State and native election officers confirm eligibility of people registering to vote or who’re already registered.
It additionally orders the Division of Protection (DOD) to replace the Federal Submit Card Utility of the Uniformed and Abroad Residents Absentee Voting Act in order that it requires documentary proof of U.S. citizenship outlined by Part 2 in addition to proof of eligibility to vote in elections in a State the place voter makes an attempt to vote.
52 U.S.C. 20301
Sec. 4 . Enhancing the Election Help Fee.
Part 4 orders the EAC to amend the Voluntary Voting System Tips (VVSG) Quantity 2.0 in order that it mandates a voter-verifiable paper report to forestall fraud or errors. It particularly excludes certifications of voting programs that use a poll during which a vote is contained inside a barcode or QR code in vote counting besides the place essential to accommodate people with disabilities.
The EO takes the essential step of ordering the EAC to overview and re-certify voting programs below the brand new requirements established on this part and to rescind earlier certifications of voting gear primarily based on prior requirements.
It additional orders the EAC to audit Assist America Vote Act fund expenditures and report back to the Division of Justice (DOJ) any discrepancies or points in State certifications of compliance with Federal legislation.
52 U.S.C. 21142
Sec. 5 . Prosecuting Election Crimes
Part 5 orders the Legal professional Basic (AG) to enter into information-sharing agreements, as attainable, with the chief State election official or multi-member company of every State to supply the DOJ with suspected violations of State and Federal election legal guidelines. It additionally orders the AG to prioritize enforcement of Federal election integrity legal guidelines and conduct opinions for potential withholding of DOJ grants.
Sec. 6 . Enhancing Safety of Voting Techniques
Part 6 orders the AG and DHS to take motion to forestall all non-citizens from being concerned in Federal election administration. That Consists of entry of election gear, ballots, or related supplies so long as DHS maintains designation of elections as essential infrastructure.
The EO takes one other essential step in ordering DHS to overview and report on the safety of all digital programs utilized in voter registration and voting processes. This consists of assessing safety of the programs to the extent they’re linked to, or built-in into, the Web and to report on the danger of such programs being compromised by way of malicious software program and unauthorized intrusions.
42 U.S.C. 5195c
Sec. 7 . Compliance with Federal Regulation Setting the Nationwide Election Day.
Part 7 orders the AG to implement federal legal guidelines prohibiting States from together with absentee or mail-in ballots acquired after Election Day in last tabulation of votes for Presidential electors and U.S. Senate and Home candidates. Abroad navy personnel and citizen ballots are excepted presently.
It additionally orders the EAC to situation funding to States on compliance that every State undertake uniform and nondiscriminatory requirements that outline what constitutes a vote and what will likely be counted as a vote.
2 U.S.C. 7, 3 U.S.C. 1, 52 U.S.C. 21001(b), 52 U.S.C.21081(a)(6)
Sec. 8 . Stopping International Interference and Illegal Use of Federal Funds.
Part 8 orders the AG and Treasury Secretary to prioritize enforcement of legal guidelines that forestall international nationals from contributing or donating in U.S. elections and prohibit lobbying by organizations or entities which have acquired Federal funds.
52 U.S.C. 30121, 31 U.S.C. 1352
Sec. 9 . Federal Actions to Deal with Executive Order 14019.
Part 9 orders the heads of federal companies and the EAC to stop all company actions implementing the beforehand revoked EO 14019, “Selling Entry to Voting” and submit a report describing compliance with this order to the President by way of his Home Coverage Assistant. EO 14019 applied “Get Out The Vote” initiatives in these companies with out clear supporting federal legislation.
The Challenges
A number of media belongings have falsely reported that the Trump EO was blocked by a choose, nonetheless, the EO has roughly 40 particular person provisions and solely two have been subjected to a brief injunction. Probably the most important injunctive declare is {that a} President can’t order the EAC to amend its voter registration kind to incorporate proof of citizenship as a result of it’s an unbiased entity. This declare will possible be supplanted by Trump’s beforehand talked about Article 2 Presidential Powers however even when not, it’s moot if Congress passes the SAVE Act or the EAC, which has already consulted with the states as required, merely calls an Government Session and votes to amend the shape.
However, regardless of its common sense, apparent protections for American voters, 4 lawsuits naming Trump and EAC members are pending in opposition to sure components of Trump’s orders. The 2 most complete have been filed by 19 Attorneys Basic, all Democrats, and one by the Democratic Nationwide Committee, Democratic Governors Affiliation, Democratic Senatorial Marketing campaign Committee, Democratic Congressional Marketing campaign Committee, plus minority leaders, Senator Shumer and Consultant Jeffries. It makes you surprise why all these Democrats don’t need sincere elections. However maybe, we already know the reply to that query.
Conclusion
Democrats, judges and even the EAC must rapidly come to the belief that we’re within the midst of an election safety disaster and Individuals need options. Election outcomes are counted in secret; analyses of state voter rolls present 20% ineligible registration charges and Director of Nationwide Intelligence Tulsi Gabbard defined in an April 10 cupboard assembly: “We now have proof of how these digital voting programs have been susceptible to hackers for a really very long time and susceptible to exploitation to control the outcomes of the votes being solid…”
State election officers have created this dilemma and Congress can’t act quick sufficient to codify modifications wanted. The evaluation underway for voter rolls and voting machines will possible display a necessity for extra EOs. Within the close to time period, Presidential EOs issued inside boundaries of federal legislation are important to protect and defend the integrity of American elections.
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Garland Favorito is the co-founder of Voters Organized of Trusted Election Leads to Georgia, VoterGA, a non-partisan, non-profit, election integrity group fashioned in 2006. He’s a 40+ 12 months profession Info Know-how skilled with a 20-year background in voting system expertise.
