White House issues Executive Order on mail-in ballot procedures and citizenship verification
Key Takeaways
On March 31, President Trump signed an Executive Order (EO) titled "Ensuring Citizenship Verification and Integrity in Federal Elections” directing federal agencies to take steps related to voter citizenship verification, mail ballots and enforcement and enforcement of federal election laws. Specifically, the EO directs the U.S. Department of Homeland Security (DHS), Social Security Administration (SSA), U.S. Department of Justice (DOJ), U.S. Postal Service (USPS) and state Secretary of States (SoS) to coordinate with federal authorities on voter citizenship eligibility.
What does the EO do?
The EO directs DHS, working with SSA, to create and send states a list of individuals confirmed to be U.S. citizens who are old enough to vote in the next federal election and reside in that state. The list must be updated at least 60 days before regularly scheduled federal elections. The order specifies that individuals must be able to review and correct their records, that states may suggest updates, and that inclusion on the list does not automatically mean someone is registered to vote.
The order also directs USPS to initiate rulemaking within 60 days on new standards for mail ballots, including envelope markings, barcodes and design requirements. It also contemplates state coordination with USPS on mail ballot distribution. Additionally, the order DOJ to prioritize investigation and possible prosecution of conduct involving ballots issued to individuals who are ineligible to vote in federal elections.
Why counties care about this EO
Counties administer elections across much of the country, and the EO’s provisions could have implications for local voter records, mail ballot procedures and record retention. Notably, the order directs states and localities to preserve certain records of voter participation in federal elections for five years, excluding ballots cast.
What comes next
The order sets several implementation deadlines: USPS must initiative proposed rulemaking within 60 days, DHS must build the citizenship list infrastructure within 90 days and any final USPS rule is due within 120 days of the order’s signing.
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