Ensuring Citizenship Verification and Integrity in Federal Elections
This Presidential Action mandates significant steps to ensure that only eligible U.S. citizens participate in Federal elections, asserting the President's duty to enforce election laws and maintain public confidence.
The order directs the Department of Homeland Security and the Social Security Administration to compile and transmit State Citizenship Lists—containing verified citizens eligible to vote—to state election officials.
Furthermore, it mandates the Postmaster General to initiate rulemaking within the USPS to require unique, trackable identifiers (like barcodes) on outbound official election mail envelopes for absentee or mail-in ballots, and it directs the Attorney General to prioritize investigations into violations related to issuing ballots to non-citizens.
The action also outlines procedures for data sharing, enforcement, and compliance deadlines.
Arguments For
Upholds the constitutional and statutory mandate that only U.S. citizens can vote in Federal elections.
Enhances election integrity by introducing auditable mechanisms, like barcode tracking on ballot envelopes, to reduce fraudulent voting.
Leverages existing federal databases (SSA and DHS SAVE) to create State Citizenship Lists, aiding states in verifying voter eligibility.
Prioritizes the investigation and prosecution of officials or entities involved in issuing or distributing ballots to non-citizens, reinforcing the rule of law.
Establishes uniform standards for mail-in and absentee ballots transmitted via the USPS, improving security and traceability for election materials.
Arguments Against
May infringe upon states' primary authority over election administration by mandating cooperation with federal data sharing for voter lists.
Creates new federal requirements and potential administrative burdens on State election officials to manage and reconcile the transmitted 'State Citizenship List' with existing registration laws.
The USPS rulemaking might impose new costs and complexity on states choosing to use mail-in or absentee voting, potentially favoring certain voting methods over others.
Concerns may arise regarding privacy and data security given the compilation and transmission of sensitive citizenship and residency data across multiple federal and state agencies, despite referencing the Privacy Act.
The directive to withhold federal funds from noncompliant states, as authorized by law, places significant financial pressure on states to adopt the specified procedures.
Presidential Actions
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), and the Federal Government’s constitutional obligation to guarantee a republican form of Government to every State in the Union, U.S. Const. Art. IV, Sec. 4, it is hereby ordered:
Section 1. Purpose and Policy. The right to vote in Federal elections is reserved exclusively for citizens of the United States under the Constitution and Federal law. Federal statutes explicitly prohibit non-citizens from registering to vote or voting in Federal elections and impose criminal penalties for violations. (18 U.S.C. 241; 18 U.S.C. 611; 18 U.S.C. 1015; and 52 U.S.C. 20511). The Social Security Administration (SSA) maintains records that, in conjunction with the Department of Homeland Security’s (DHS) Systematic Alien Verification for Entitlements (SAVE) program under 42 U.S.C. 1320b-7, can assist in verifying identity and Federal election voter eligibility.
The Federal Government has an unavoidable duty under Article II of the Constitution of the United States to enforce Federal law, which includes preventing violations of Federal criminal law and maintaining public confidence in election outcomes. To enhance election integrity via the United States Mail, additional measures are necessary. Secure ballot envelope identifiers provide a reliable, auditable mechanism to enforce Federal law without unduly burdening or infringing on the rights of eligible voters. Unique ballot envelope identifiers, such as bar codes, enable confirmation that only citizens receive and cast ballots, reducing the risk of fraud and protecting the integrity of Federal elections.
Sec. 2. Establishment and Transmission of State Citizenship Lists and Prioritization of Investigations and Prosecutions Related to Election Fraud. (a) To the extent feasible and consistent with applicable law, including but not limited to the Privacy Act of 1974 (5 U.S.C. 552a), the Secretary of Homeland Security, through the Director of United States Citizenship and Immigration Services and in coordination with the Commissioner of SSA, shall take appropriate action to compile and transmit to the chief election official of each State a list of individuals confirmed to be United States citizens who will be above the age of 18 at the time of an upcoming Federal election and who maintain a residence in the subject State (State Citizenship List). The State Citizenship List shall be derived from Federal citizenship and naturalization records, SSA records, SAVE data, and other relevant Federal databases. The State Citizenship List shall be updated and transmitted to State election officials no fewer than 60 days before each regularly scheduled Federal election, or promptly upon request by a State in connection with any special Federal election. The Secretary of Homeland Security shall establish procedures to (i) allow individuals to access their individual records as well as to update or correct them in advance of elections; and (ii) enable States to routinely supplement and provide suggested modifications or amendments to the State Citizenship List transmitted thereto. An individual’s identification on the State Citizenship List does not indicate that the individual has been properly registered to vote in the State. State and Federal laws and State procedures must still be followed for an individual to be registered to vote. There may be State laws, not reflected in the State Citizenship List, that preclude voter registration, or the individual may choose not to be registered.
(b) For purposes of this order, an individual is “eligible to vote in a Federal election” if the individual is a citizen of the United States, 18 years of age or older by the date of the upcoming election, and otherwise qualified under the laws of his or her State. The Attorney General shall prioritize the investigation and, as appropriate, the prosecution of State and local officials or any others involved in the administration of Federal elections who issue Federal ballots to individuals not eligible to vote in a Federal election, including under 18 U.S.C. 2(a), 18 U.S.C. 241, 18 U.S.C. 371, 18 U.S.C. 611(a), 18 U.S.C. 1001, 18 U.S.C. 1015, 52 U.S.C. 10307, and 52 U.S.C. 20511. Similarly, the Attorney General shall prioritize the investigation and, as appropriate, the prosecution of individuals and public or private entities engaged in, or aiding and abetting, the printing, production, shipment, or distribution of ballots to individuals who are not eligible to vote in a Federal election.
Sec. 3. United States Postal Service Rulemaking on Mail-In and Absentee Ballots. (a) The unlawful use of the mail in connection with elections is prohibited by various Federal statutes, including 18 U.S.C. 1341, 18 U.S.C. 1708, 52 U.S.C. 10307, and 52 U.S.C. 20511.
(b) To ensure the faithful execution of Federal law, protect the integrity of the mail as a medium for transmitting Federal election ballots and establish uniform standards for mail-in or absentee ballot services implemented through the United States Postal Service (USPS), the Postmaster General is hereby directed to initiate a proposed rulemaking pursuant to 39 U.S.C. 401 and other applicable authority within 60 days of the date of this order. The notice of proposed rulemaking shall include, at minimum, the following:
(i) Proposed provisions specifying that all outbound ballot mail must be mailed in an envelope that:
(A) is marked as Official Election Mail, including through designated markings provided by USPS for this purpose, such as the Official Election Mail logo, as necessary and appropriate;
(B) is automation-compatible and bears a unique Intelligent Mail barcode, or successor USPS technology, that facilitates tracking and is consistent with the other requirements of this section; and
(C) has undergone a mail envelope design review by the USPS to ensure compliance with USPS mailing standards, including barcode placement.
(ii) Proposed provisions specifying that, no fewer than 90 days prior to a Federal election, any State may choose to notify the USPS if it intends to allow for mail-in or absentee ballots to be transmitted by the USPS. As part of that notification, any notifying State should further indicate whether it intends to submit to the USPS, no fewer than 60 days before the election, a list of voters eligible to vote in a Federal election in such State to whom the State intends to provide a mail-in or absentee ballot to be transmitted via the USPS.
(iii) Proposed provisions specifying that the USPS shall not transmit mail-in or absentee ballots from any individual unless those individuals have been enrolled on a State-specific list described in subsection (b)(iv) of this section with the USPS pursuant to this subsection.
(iv) Proposed provisions specifying that the USPS shall provide each State with a list of individuals (Mail-In and Absentee Participation List) who are enrolled with the USPS, pursuant to a process specified in the rulemaking directed by this subsection, for mail-in or absentee ballots provided by such State, along with unique ballot envelope identifiers, such as bar codes, for mail-in or absentee ballots provided to such individuals. The preparation and transmission of each State-specific Mail-In and Absentee Participation List shall comply with the Privacy Act and all applicable use agreements.
(v) Proposed procedures enabling each State to routinely supplement and provide suggested modifications or amendments to the State’s Mail-In and Absentee Participation List in advance of any Federal election, consistent with applicable State law.
(c) The USPS shall coordinate with the USPS Office of Inspector General and the Department of Justice for investigation of suspected unlawful use of the mail involving Federal election materials.
(d) Any final rule pursuant to this section shall be issued no later than 120 days from the date of this order.
Sec. 4. Implementation. (a) The Secretary of Homeland Security, the Commissioner of SSA, and the Postmaster General shall coordinate with the Secretary of Commerce in effectuating all relevant aspects of the implementation of this order.
(b) The Attorney General shall enforce compliance with the applicable Federal statutes referenced herein and provide guidance to election officials, including any instrumentalities thereof; contractors; individuals involved in the administration of Federal elections; or public or private entities engaged in the printing, production, shipment, or distribution of ballots.
(c) The Secretary of Homeland Security shall, within 90 days of the date of this order, establish the infrastructure necessary to compile, maintain, and transmit the State Citizenship List described in section 2(a) of this order, and shall designate a point of contact within DHS to receive and process requests from individuals and State election officials regarding the relevant State Citizenship List. The Commissioner of SSA shall provide all necessary citizenship and identity data to the Secretary of Homeland Security in support of this requirement, consistent with applicable law, the Privacy Act, and all applicable use agreements.
Sec. 5. Enforcement. The Attorney General and the heads of executive departments and agencies (agencies) with relevant authority shall take all lawful steps to deter and address noncompliance with Federal law, including withholding Federal funds from noncompliant States and localities where such withholding is authorized by law. Evidence of violations of existing Federal laws by State or local election officials; States or localities, including any instrumentalities thereof; contractors; individuals involved in the administration of Federal elections; or public or private entities engaged in the printing, production, shipment, or distribution of ballots may be referred to the Department of Justice for consideration of investigation or charges under 18 U.S.C. 2(a), 18 U.S.C. 241, 18 U.S.C. 371, 18 U.S.C. 611(a), 18 U.S.C. 1001, 18 U.S.C. 1015, 52 U.S.C. 10307, and 52 U.S.C. 20511. States and localities should preserve, for a 5-year period, all records and materials — excluding ballots cast — evidencing voter participation in any Federal election (e.g., ballot envelopes, regardless of carrier).
Sec. 6. Severability. If any provision of this order, or the application of any provision to any agency, person, or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other agencies, persons, or circumstances shall not be affected thereby.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
March 31, 2026.
The post Ensuring Citizenship Verification and Integrity in Federal Elections appeared first on The White House.
The document begins by citing the authority granted to the President by the Constitution and relevant federal laws, such as the Help America Vote Act and the National Voter Registration Act, to issue this order concerning Federal elections.
This establishes the legal basis for the directives that follow.
The stated purpose and policy confirm that Federal election voting is exclusively for U.S. citizens, referencing numerous federal statutes that criminalize non-citizen voting.
The order notes that the Social Security Administration (SSA) and the Department of Homeland Security's (DHS) Systematic Alien Verification for Entitlements (SAVE) program possess data useful for identity and eligibility verification.
It argues that enhancing election integrity through secure ballot envelope identifiers, like bar codes, is necessary to enforce federal law and maintain public confidence by ensuring only citizens cast ballots.
Sec. 2. Establishment and Transmission of State Citizenship Lists and Prioritization of Investigations and Prosecutions Related to Election Fraud. (a) To the extent feasible and consistent with applicable law, including but not limited to the Privacy Act of 1974 (5 U.S.C. 552a), the Secretary of Homeland Security, through the Director of United States Citizenship and Immigration Services and in coordination with the Commissioner of SSA, shall take appropriate action to compile and transmit to the chief election official of each State a list of individuals confirmed to be United States citizens who will be above the age of 18 at the time of an upcoming Federal election and who maintain a residence in the subject State (State Citizenship List). The State Citizenship List shall be derived from Federal citizenship and naturalization records, SSA records, SAVE data, and other relevant Federal databases. The State Citizenship List shall be updated and transmitted to State election officials no fewer than 60 days before each regularly scheduled Federal election, or promptly upon request by a State in connection with any special Federal election. The Secretary of Homeland Security shall establish procedures to (i) allow individuals to access their individual records as well as to update or correct them in advance of elections; and (ii) enable States to routinely supplement and provide suggested modifications or amendments to the State Citizenship List transmitted thereto. An individual’s identification on the State Citizenship List does not indicate that the individual has been properly registered to vote in the State. State and Federal laws and State procedures must still be followed for an individual to be registered to vote. There may be State laws, not reflected in the State Citizenship List, that preclude voter registration, or the individual may choose not to be registered.
(b) For purposes of this order, an individual is “eligible to vote in a Federal election” if the individual is a citizen of the United States, 18 years of age or older by the date of the upcoming election, and otherwise qualified under the laws of his or her State. The Attorney General shall prioritize the investigation and, as appropriate, the prosecution of State and local officials or any others involved in the administration of Federal elections who issue Federal ballots to individuals not eligible to vote in a Federal election, including under 18 U.S.C. 2(a), 18 U.S.C. 241, 18 U.S.C. 371, 18 U.S.C. 611(a), 18 U.S.C. 1001, 18 U.S.C. 1015, 52 U.S.C. 10307, and 52 U.S.C. 20511. Similarly, the Attorney General shall prioritize the investigation and, as appropriate, the prosecution of individuals and public or private entities engaged in, or aiding and abetting, the printing, production, shipment, or distribution of ballots to individuals who are not eligible to vote in a Federal election.
Section 2 focuses on creating and distributing lists of eligible voters and prioritizing fraud investigations.
The Secretary of Homeland Security, in coordination with SSA, must compile a 'State Citizenship List' containing U.S. citizens 18 and older residing in a state, sourced from federal records like SSA and SAVE data.
This list must be transmitted to each state's chief election official at least 60 days before a general election or promptly for special elections.
Procedures must ensure individuals can review and correct their records before elections, and states can suggest amendments to the list.
The order clearly states that inclusion on this list does not automatically mean a person is registered to vote; state registration laws still apply.
Subsection (b) defines an individual as 'eligible to vote in a Federal election' if they are a citizen, 18 or older, and otherwise qualified by state law.
The Attorney General is directed to prioritize investigating and prosecuting officials or any party (public or private) that issues, ships, or helps distribute Federal election ballots to individuals ineligible to vote.
Sec. 3. United States Postal Service Rulemaking on Mail-In and Absentee Ballots. (a) The unlawful use of the mail in connection with elections is prohibited by various Federal statutes, including 18 U.S.C. 1341, 18 U.S.C. 1708, 52 U.S.C. 10307, and 52 U.S.C. 20511.
(b) To ensure the faithful execution of Federal law, protect the integrity of the mail as a medium for transmitting Federal election ballots and establish uniform standards for mail-in or absentee ballot services implemented through the United States Postal Service (USPS), the Postmaster General is hereby directed to initiate a proposed rulemaking pursuant to 39 U.S.C. 401 and other applicable authority within 60 days of the date of this order. The notice of proposed rulemaking shall include, at minimum, the following:
(i) Proposed provisions specifying that all outbound ballot mail must be mailed in an envelope that:
(A) is marked as Official Election Mail, including through designated markings provided by USPS for this purpose, such as the Official Election Mail logo, as necessary and appropriate;
(B) is automation-compatible and bears a unique Intelligent Mail barcode, or successor USPS technology, that facilitates tracking and is consistent with the other requirements of this section; and
(C) has undergone a mail envelope design review by the USPS to ensure compliance with USPS mailing standards, including barcode placement.
(ii) Proposed provisions specifying that, no fewer than 90 days prior to a Federal election, any State may choose to notify the USPS if it intends to allow for mail-in or absentee ballots to be transmitted by the USPS. As part of that notification, any notifying State should further indicate whether it intends to submit to the USPS, no fewer than 60 days before the election, a list of voters eligible to vote in a Federal election in such State to whom the State intends to provide a mail-in or absentee ballot to be transmitted via the USPS.
(iii) Proposed provisions specifying that the USPS shall not transmit mail-in or absentee ballots from any individual unless those individuals have been enrolled on a State-specific list described in subsection (b)(iv) of this section with the USPS pursuant to this subsection.
(iv) Proposed provisions specifying that the USPS shall provide each State with a list of individuals (Mail-In and Absentee Participation List) who are enrolled with the USPS, pursuant to a process specified in the rulemaking directed by this subsection, for mail-in or absentee ballots provided by such State, along with unique ballot envelope identifiers, such as bar codes, for mail-in or absentee ballots provided to such individuals. The preparation and transmission of each State-specific Mail-In and Absentee Participation List shall comply with the Privacy Act and all applicable use agreements.
(v) Proposed procedures enabling each State to routinely supplement and provide suggested modifications or amendments to the State’s Mail-In and Absentee Participation List in advance of any Federal election, consistent with applicable State law.
(c) The USPS shall coordinate with the USPS Office of Inspector General and the Department of Justice for investigation of suspected unlawful use of the mail involving Federal election materials.
(d) Any final rule pursuant to this section shall be issued no later than 120 days from the date of this order.
Section 3 directs the Postmaster General to begin rulemaking within 60 days regarding mail-in and absentee ballots transmitted through the U.S. Postal Service (USPS) to uphold federal law integrity.
The proposed rules must require that all outbound ballot mail uses envelopes marked as 'Official Election Mail,' possessing a unique, trackable Intelligent Mail barcode, and passing a design review by the USPS.
States intending to use USPS for mail-in ballots must notify the USPS 90 days before the election and may submit an eligible voter list 60 days before.
Crucially, USPS cannot transmit mail-in ballots unless the recipient is on a State-specific 'Mail-In and Absentee Participation List' provided to the USPS by the state, which the USPS must share back with the state alongside unique identifiers for the ballots.
These lists must comply with the Privacy Act, and the rulemaking must have a final rule issued within 120 days.
The USPS must also coordinate fraud investigations with the Office of Inspector General and the Department of Justice.
Sec. 4. Implementation. (a) The Secretary of Homeland Security, the Commissioner of SSA, and the Postmaster General shall coordinate with the Secretary of Commerce in effectuating all relevant aspects of the implementation of this order.
(b) The Attorney General shall enforce compliance with the applicable Federal statutes referenced herein and provide guidance to election officials, including any instrumentalities thereof; contractors; individuals involved in the administration of Federal elections; or public or private entities engaged in the printing, production, shipment, or distribution of ballots.
(c) The Secretary of Homeland Security shall, within 90 days of the date of this order, establish the infrastructure necessary to compile, maintain, and transmit the State Citizenship List described in section 2(a) of this order, and shall designate a point of contact within DHS to receive and process requests from individuals and State election officials regarding the relevant State Citizenship List. The Commissioner of SSA shall provide all necessary citizenship and identity data to the Secretary of Homeland Security in support of this requirement, consistent with applicable law, the Privacy Act, and all applicable use agreements.
Section 4 addresses implementation responsibilities among key department heads.
The Secretary of Homeland Security, SSA Commissioner, and Postmaster General must cooperate with the Secretary of Commerce to execute the order's provisions.
The Attorney General holds responsibility for enforcing compliance with the referenced federal statutes and issuing guidance to all parties involved in election administration, including contractors and private entities handling ballots.
Specifically, the Secretary of Homeland Security must build the necessary infrastructure to create and transmit the State Citizenship Lists within 90 days and designate a DHS contact for related inquiries from individuals and states.
The SSA must furnish the required citizenship and identity data to DHS, adhering to the Privacy Act and data use agreements.
Sec. 5. Enforcement. The Attorney General and the heads of executive departments and agencies (agencies) with relevant authority shall take all lawful steps to deter and address noncompliance with Federal law, including withholding Federal funds from noncompliant States and localities where such withholding is authorized by law. Evidence of violations of existing Federal laws by State or local election officials; States or localities, including any instrumentalities thereof; contractors; individuals involved in the administration of Federal elections; or public or private entities engaged in the printing, production, shipment, or distribution of ballots may be referred to the Department of Justice for consideration of investigation or charges under 18 U.S.C. 2(a), 18 U.S.C. 241, 18 U.S.C. 371, 18 U.S.C. 611(a), 18 U.S.C. 1001, 18 U.S.C. 1015, 52 U.S.C. 10307, and 52 U.S.C. 20511. States and localities should preserve, for a 5-year period, all records and materials — excluding ballots cast — evidencing voter participation in any Federal election (e.g., ballot envelopes, regardless of carrier).
Section 5 ensures enforcement of the requirements and existing federal election laws.
The Attorney General and heads of relevant agencies must pursue lawful actions against noncompliance, which includes the potential step of withholding federal funds from noncompliant states or localities, if legally permissible.
Evidence of violations regarding the administration of Federal elections by officials, entities, or contractors may be referred to the Department of Justice for potential investigation or criminal charges under numerous specific federal statutes listed.
States and localities are also directed to preserve all records and materials related to voter participation, specifically ballot envelopes, for five years, excluding the actual ballots cast.
Sec. 6. Severability. If any provision of this order, or the application of any provision to any agency, person, or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other agencies, persons, or circumstances shall not be affected thereby.
This section addresses severability.
If a court or other body declares any part of the order or its specific application invalid or unenforceable against a particular person or entity, the rest of the order remains in full effect and enforceable in all other regards.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
March 31, 2026.
The post Ensuring Citizenship Verification and Integrity in Federal Elections appeared first on The White House.
Section 7 outlines standard provisions for executive orders.
Subsection (a) clarifies that this order does not override existing statutory authorities granted to executive departments, agencies, or the Office of Management and Budget concerning budget or legislative proposals.
Subsection (b) stipulates that the order's implementation must align with current law and available funding.
Subsection (c) is a non-creation of rights clause, stating that the order does not establish any new legal right or benefit that any private party can enforce against the U.S. government or its agents.
The document concludes with the signature of Donald J. Trump dated March 31, 2026.
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