How Presidents Can Influence Voting Laws And Elections

The US Constitution explicitly gives states and Congress the authority to set the rules for elections, and legal experts argue that the president does not have the power to alter election laws. However, in March 2025, President Donald Trump signed a controversial executive order to overhaul US elections, including a requirement for proof of citizenship, which could potentially disenfranchise millions of eligible voters. This action has been criticised as an extraordinary overreach by voting rights groups and lawyers, who argue that the president does not have the authority to unilaterally change election laws.

Presidential authority to change voting laws

While the US Constitution does not explicitly grant the President the authority to change voting laws, the executive branch does have some influence over elections. This includes federal agencies that provide election support, such as the US Election Assistance Commission, which distributes federal grants to states and manages a voluntary voting systems certification program.

The President can issue executive orders that impact voting laws and processes, as demonstrated by former President Biden's 2021 executive order directing federal agencies to boost voter registration efforts. However, the extent of presidential authority in this area is limited, and any actions taken by the President must be within the bounds of the Constitution and existing federal and state legislation.

In 2025, President Trump signed a controversial executive order that significantly altered US voter registration processes. This order included a requirement for proof of citizenship, which critics argued could disenfranchise millions of eligible voters, particularly those without readily available documentation. While voting in federal elections by non-citizens is illegal, this requirement was seen as an overreach of executive authority and an attempt to restrict voting access.

It is important to note that the US Constitution grants states and Congress the primary authority to set the rules for elections. Any changes to voting laws by the President must align with this framework and cannot override the authority of Congress or states in this domain. Additionally, the President does not have the unilateral power to change the date of a presidential election, as established by legal experts and federal law.

Proof of citizenship requirements

In March 2025, President Donald Trump signed a sweeping executive order to overhaul elections in the United States. The order included a documentary proof of citizenship requirement for voter registration in federal elections. This requirement was aimed at preventing voter fraud by non-citizens, which was already illegal and could result in felony charges and deportation.

The executive order was seen as an attempt to "straighten out" the election process and restore public confidence in elections. However, critics argued that it could disenfranchise millions of eligible voters, particularly those who do not have easy access to citizenship documents, such as passports or birth certificates. There were also concerns that the requirement could disproportionately affect married women who have changed their names and may struggle to produce matching documentation.

According to a 2023 report by the Brennan Center for Justice, an estimated 9% of US citizens of voting age (approximately 21.3 million people) do not have proof of citizenship readily available. This could create unnecessary hurdles for legitimate voters and make it harder for Americans to vote.

The executive branch does have some authority over elections, and the US Election Assistance Commission (EAC) plays a role in distributing federal grant money to states and managing a voluntary certification program for voting systems. However, the US Constitution explicitly gives states and Congress the authority to set the rules for elections. As a result, Trump's executive order is likely to face legal challenges from voting rights organizations and critics who view it as an overreach of executive power.

Voter registration processes

In the United States, the process of registering to vote varies by state and territory. Voter registration deadlines also vary by state and territory, with some states requiring registration up to 30 days before Election Day.

To register to vote in federal, state, and local elections, individuals can visit vote.gov to begin the voter registration process. They must select their state or territory, and follow the instructions provided. Most states offer online registration, while some states also allow registration by mail or in person. To register by mail, individuals can download and print the National Mail Voter Registration Form, which is available in many languages. This form can be filled out onscreen and then printed, or printed first and then filled out by hand. It must then be mailed to the location listed for the individual's state. To register in person, individuals can visit their state or local election office or their state motor vehicles office.

In most cases, individuals will need either a driver's license or a state ID to register to vote. If they do not have either of these, other types of documentation, such as a bank statement or utility bill, may be accepted. However, the required documents vary by state.

In addition to registering, individuals may also receive a voter registration card, which confirms their registration. However, this card is not required to vote. If an individual moves and changes their address, they must update their voter registration with their new address. If they move out of state, they must register with the state they moved to. These changes must be submitted before the state's registration deadline.

Election integrity and security

While the US Constitution gives states and Congress the authority to set the rules for elections, the executive branch does have some authority over elections. For instance, the US Election Assistance Commission, a federal agency, distributes federal grant money to states and runs a voluntary certification program for voting systems. The US Cybersecurity and Infrastructure Security Agency (CISA) also helps election officials protect their systems.

In 2021, former President Biden issued an executive order directing federal agencies to take steps to boost voter registration, which was criticised by Republicans as federal overreach. Trump has since rescinded that order and issued his own executive order to overhaul US elections, including requiring proof of citizenship to vote. This order has been criticised by voting rights groups as a way to disenfranchise people, with an estimated 9% of US citizens of voting age, or 21.3 million people, lacking proof of citizenship.

To preserve and protect the integrity of American elections, the White House has outlined several measures to be implemented. Firstly, the Secretary of Homeland Security, in coordination with the Election Assistance Commission, is to review and report on the security of all electronic systems used in the voter registration and voting process. This includes assessing the risk of systems being compromised through malicious software and unauthorized intrusions. Secondly, the Attorney General is to take all necessary action to enforce compliance with federal laws that set a uniform day for appointing presidential electors and electing members of Congress.

Furthermore, the Election Assistance Commission is to enforce the Federal prohibition on foreign nationals voting in federal elections. This is to address the issue of states failing to adequately vet voters' citizenship, and the prior administration's prevention of states from removing non-citizens from their voter lists. Finally, to ensure election integrity, the White House has emphasised the need for voting methods that produce a voter-verifiable paper record, allowing voters to efficiently check their votes and protect against fraud or mistakes.

Role of federal agencies and Congress

The US Constitution gives states and Congress the authority to set the rules for elections. The Constitution and federal statutes passed by Congress outline the process by which states appoint electors, who then elect the president and vice president. The Constitution requires states to appoint a number of electors equal to their congressional representatives, but it does not require states to hold popular elections to determine how their electors will be allocated.

While the executive branch does have some authority over elections, and federal agencies provide support, the President does not have the authority to unilaterally change voting laws. For example, in 2020, President Trump floated the idea of delaying the presidential election, but legal experts confirmed that neither the Constitution nor any statute passed by Congress gives the President this power.

Federal agencies play a role in supporting and securing the election process. The US Election Assistance Commission (EAC) distributes federal grant money to states and runs a voluntary certification program for voting systems. The EAC also works with the Secretary of Homeland Security to review and report on the security of electronic systems used in the voter registration and voting process. The Cybersecurity and Infrastructure Security Agency (CISA) helps election officials protect their systems, and federal databases are already used to verify voter eligibility and citizenship data.

Congress has the power to alter federal statutes and change the date of federal elections. For example, Congress established the date of the election and passed the National Voter Registration Act and the Help America Vote Act, which require states to maintain accurate and current lists of legally registered voters.

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