The 1-Minute Brief
What: Executive Order 14248, "Preserving and Protecting the Integrity of American Elections," enacts stricter federal requirements for voter registration and election administration. Key mandates include requiring documentary proof of U.S. citizenship to register to vote, halting the counting of mail-in ballots received after Election Day, and increasing federal oversight of state voter lists.
Money: The executive order does not appropriate new funds but directs federal agencies to prioritize enforcement of its provisions. It could lead to the withholding of certain federal grants from states deemed non-compliant with its mandates.
Your Impact: The most likely direct effect on an average American will be a change in the documents required to register to vote. You may need to provide a passport, birth certificate, or specific REAL ID-compliant document indicating citizenship. Additionally, the deadlines for mail-in ballots will be strictly enforced as the close of Election Day.
Status: This is an Executive Order, signed and effective as of March 25, 2025. It is currently facing legal challenges.
What's Actually in the Bill
Executive Order 14248 fundamentally reshapes the federal government's role in election administration, shifting from a focus on expanding access to voting towards enforcing stricter integrity measures. The order directs federal agencies to enforce new and existing laws with the stated goal of preventing fraud and ensuring elections are "honest and worthy of the public trust."
Core Provisions:
- Proof of Citizenship: The Election Assistance Commission (EAC) must require documentary proof of U.S. citizenship on the national mail voter registration form within 30 days. Acceptable documents include a U.S. passport, a REAL ID-compliant ID that shows citizenship, or a military ID card indicating citizenship.
- No Ballots After Election Day: The Attorney General is directed to enforce federal law to stop states from counting absentee or mail-in ballots received after Election Day, regardless of the postmark date. This aligns with a recent Fifth Circuit ruling in Republican National Committee v. Wetzel (2024).
- Voter Roll Verification: The Department of Homeland Security (DHS) and Department of Justice (DOJ) will increase efforts to identify and remove non-citizens from voter rolls by cross-referencing federal immigration databases with state voter lists. States will be given access to these databases to verify citizenship.
- Paper Ballots: The EAC is instructed to amend its guidelines to favor voting systems that produce a voter-verifiable paper record and to discourage the use of barcodes or QR codes for vote counting.
- Repeal of Prior Policy: The order formally ceases all actions related to Executive Order 14019, "Promoting Access to Voting," which was issued by the previous administration to expand voter registration opportunities through federal agencies.
- Funding Enforcement: The order indicates that federal funding, including certain grants from the Department of Justice and Homeland Security, may be withheld from states that do not comply with these new election integrity requirements.
Stated Purpose (from the Sponsors):
The order states its purpose is to address failures in enforcing "basic and necessary election protections." It aims to:
- Ensure that only eligible American citizens vote in elections.
- Establish that votes must be cast and received by the legally established Election Day to be counted.
- Protect against the dilution of legal votes by fraudulent or illegal ballots.
- Increase public confidence in the honesty and integrity of the election process.
Key Facts:
Affected Sectors: Government and Elections Administration.
Timeline: Key deadlines are set at 30, 90, and 180 days from the order's issuance on March 25, 2025, for various agency actions.
Scope: This is a nationwide federal policy impacting all states in the administration of federal elections.
The Backstory: How We Got Here
Timeline of Events:
The Era of Expanding Access (1993-2021):
The conversation around federal election administration has been shaped by several key pieces of legislation. The National Voter Registration Act of 1993 (NVRA), also known as the "Motor Voter Act," made it easier to register to vote by allowing citizens to register at DMVs and other public assistance agencies. It established a standardized mail-in voter registration form but relies on an applicant's signed attestation of citizenship under penalty of perjury, not documentary proof.
Following the contentious 2000 election, the Help America Vote Act of 2002 (HAVA) was passed to update voting systems and establish the Election Assistance Commission. HAVA mandated that states create centralized, computerized statewide voter registration lists and implement procedures for maintaining accurate rolls.
More recently, on March 7, 2021, President Biden issued Executive Order 14019, "Promoting Access to Voting." This order directed federal agencies to develop plans to expand voter registration opportunities and provide election information, a move aimed at increasing participation, particularly among historically underrepresented groups.
Why Now? The Political Calculus:
- The introduction of Executive Order 14248 is a direct response to and reversal of the previous administration's focus on expanding voting access.
- It reflects a political viewpoint that prioritizes addressing potential voter fraud and irregularities, a theme that has been central to recent political discourse.
- The order leverages the Republican National Committee v. Wetzel (2024) court decision, which held that federal law requires ballots to be received by Election Day, providing a legal foundation for the order's mandate against counting late-arriving ballots.
- The timing fulfills campaign promises to tighten election security measures, such as implementing stricter voter ID and proof-of-citizenship requirements.
Your Real-World Impact
The Direct Answer: This directly affects any American who is not currently registered to vote or who plans to move and re-register, and all who vote by mail.
What Could Change for You:
Potential Benefits:
- For those concerned about election fraud, these measures may increase confidence in the security and integrity of the voting process.
- The emphasis on paper ballots could lead to more transparent and auditable election results.
Possible Disruptions or Costs:
Short-term (Next 1-6 months):
- You may face new hurdles when registering to vote, as you will need to locate and present specific documents proving your citizenship, such as a U.S. passport or birth certificate. Standard driver's licenses may not be sufficient unless they are REAL ID-compliant and explicitly state your citizenship.
- If you vote by mail, you will need to ensure your ballot is mailed back with enough time to be received by your local election officials by the close of polls on Election Day, not just postmarked by then.
Long-term:
- The process of registering to vote will become more uniform across the country but also more stringent.
- The use of federal databases like SAVE to check voter rolls could lead to an increase in voters being flagged for removal, potentially affecting eligible citizens who may then need to take action to verify their status.
Who's Most Affected:
Primary Groups: First-time voters, naturalized citizens, citizens without a U.S. passport, and individuals who move frequently will face the most direct impact from the new registration requirements. Voters with disabilities and elderly voters who rely on mail-in voting will be most affected by the strict ballot receipt deadline.
Secondary Groups: State and local election officials will need to adapt to new federal mandates and may face a loss of funding for non-compliance.
Regional Impact: The impact will be most significant in states that currently allow ballots to be counted if they are postmarked by Election Day and arrive shortly after, as this practice will now be prohibited for federal elections.
Bottom Line: Registering to vote will require more documentation, and if you vote by mail, you must ensure your ballot arrives by Election Day to be counted.
Where the Parties Stand
Republican Position: "Ensure Election Integrity"
Core Stance: Republicans generally support measures they argue are necessary to secure elections, prevent fraud, and ensure only legal citizens can vote.
Their Arguments:
- ✓ They support requiring photo ID and proof of citizenship for voter registration.
- ✓ They praise the move to end the counting of ballots that arrive after Election Day, viewing it as essential for a timely and secure election process.
- ⚠️ Some Republicans may have reservations about the extent of federal power over state-run elections, though the party platform generally supports uniform standards for election integrity.
- ✗ They actively oppose policies like automatic voter registration and efforts to expand mail-in voting without stricter verification.
Legislative Strategy: The party's strategy is to enforce this executive order vigorously through the Department of Justice and other federal agencies, and to support legislation like the SAVE Act that codifies similar requirements.
Democratic Position: "Protecting the Freedom to Vote"
Core Stance: Democrats generally support policies aimed at making it easier and more convenient for all eligible citizens to vote.
Their Arguments:
- ✓ They support measures that make voting more accessible, such as automatic and same-day voter registration.
- ⚠️ They express concern that strict proof-of-citizenship laws could disenfranchise eligible voters who do not have easy access to the required documents.
- ✗ They actively oppose what they term "voter suppression" tactics, such as strict voter ID laws and purges of voter rolls that could remove eligible voters.
Legislative Strategy: The party's strategy is to challenge this executive order in court, arguing it oversteps executive authority and disenfranchises voters. They advocate for national standards that expand voting access, such as those included in the For the People Act and the John Lewis Voting Rights Advancement Act.
Constitutional Check
The Verdict: ⚠️ Questionable
Basis of Authority:
The Executive Order cites the President's authority under the Constitution and the laws of the United States. The administration of federal elections is governed by the Elections Clause of the U.S. Constitution.
U.S. Constitution, Article I, Section 4, Clause 1: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators."
Constitutional Implications:
Separation of Powers: A key legal question is whether the President can enact such significant changes through an executive order, or if such changes to the "Manner" of elections must be made by a law passed by Congress. While the executive branch is tasked with enforcing laws, critics argue this order creates new substantive rules, a power reserved for the legislature.
Precedent: The Supreme Court has affirmed that Congress has broad power to regulate federal elections to protect their integrity. However, cases have also addressed the limits of federal power versus state authority. A major point of legal contention will be whether the NVRA's allowance of attestation for citizenship preempts a federal requirement for documentary proof. Courts have previously challenged state-level proof-of-citizenship laws on these grounds.
Federalism: The order significantly expands the federal government's role in the details of election administration, an area traditionally managed by the states. Opponents will argue that this oversteps into powers reserved for the states.
Potential Legal Challenges:
Legal challenges are already underway, led by civil rights groups and the Democratic Party. They are likely to argue that the President has exceeded his constitutional authority and that the order violates the Administrative Procedure Act. They will also contend that the proof-of-citizenship requirement is an undue burden on the right to vote and that the order disproportionately harms minority voters.
Your Action Options
TO SUPPORT THIS BILL
5-Minute Actions:
- Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to support Executive Order 14248 and similar legislative efforts to secure our elections."
30-Minute Deep Dive:
- Write a Detailed Email: Contact your representatives and express support for specific provisions, such as requiring photo ID and ensuring ballots are counted by Election Day.
- Join an Organization: Look for groups focused on election integrity that align with your views.
TO OPPOSE THIS BILL
5-Minute Actions:
- Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to oppose Executive Order 14248 and work to protect voting access."
30-Minute Deep Dive:
- Write a Letter to the Editor: Submit a letter to your local newspaper explaining your concerns about how the order might affect voters in your community.
- Join an Organization: Advocacy groups like the ACLU, League of Women Voters, and others are actively working against these measures and can provide resources and action alerts.