Controversy Surrounds Executive Order on Federal Elections
The early days of Donald Trump’s presidency have been characterized by attempts to alter the balance of power in the government, particularly affecting the electoral process. A new executive order signed on March 25 suggests a substantial shift in how federal elections are managed, raising concerns about its implications for the 2026 midterms.
The order mandates that citizens provide a passport or another citizenship document when registering with the federal voter registration form. This requirement could be challenging as approximately 50% of Americans do not possess a passport. The directive also includes controversial measures such as stripping federal certification from certain voting machines and allowing Elon Musk’s DOGE team access to voter rolls to investigate potential “fraud.”
Legal Challenges and Judicial Response
In response, the Brennan Center, representing the League of Women Voters and other allies, filed a lawsuit claiming these actions were unconstitutional. Judge Colleen Kollar-Kotelly supported this stance, issuing a preliminary injunction against the executive order. Her 120-page opinion emphasized that the Constitution gives Congress and the states, not the president, the authority to regulate federal elections.
This ruling references the Constitution’s Elections Clause, which delegates the responsibility for setting election rules to the states and Congress. It underpins the Freedom to Vote Act, a significant legislative proposal that narrowly missed approval in previous years.
Ongoing Efforts and Legislative Debates
The executive order is part of a larger strategy to challenge electoral integrity, as outlined in the Heritage Foundation’s Project 2025 policy blueprint. This includes potential actions by the Justice Department to discourage future election safeguards. The Guardian reports that senior civil servants in the Justice Department’s voting section have been removed, and ongoing cases have been dismissed.
Cybersecurity experts tasked with securing voting systems have also been dismissed, including Chris Krebs, a respected figure who confirmed the integrity of the 2020 election. At a recent technology conference, Krebs stated, “Cybersecurity is national security. To see what’s happening to the cybersecurity community inside the federal government, we should be outraged. Absolutely outraged.”
The Controversial SAVE Act
Another legislative effort, the SAVE Act, could significantly impact voting laws. If passed, it would require citizens to provide a passport or birth certificate for registration, potentially affecting 21 million Americans who lack these documents. The act passed the House and is now under Senate consideration, where opposition is strong.
Senator Jon Ossoff has criticized the bill as a “bad faith bill cynically intended to disenfranchise millions of eligible voters.” Similarly, Senator Elissa Slotkin voiced her concerns, noting on Fox News that the bill “makes it harder to have women vote, it makes it harder if you don’t have a passport.”
Historical Context and Ongoing Advocacy
Voter rights have been a recurring issue throughout American history, with ongoing efforts to expand or limit democratic participation. The Brennan Center continues to advocate for voting rights, marking its 30th anniversary with events celebrating achievements such as the musical Suffs, which commemorates the women’s suffrage movement.
The play highlights historical and present-day activism, emphasizing the continuous struggle for equality. Its concluding song captures the enduring spirit of this fight: “Keep Marching.”
