Full Report
The order seeks to withhold federal funding from states that don’t comply, sparking a heated backlash from legal and election experts. The post Trump issues executive order seeking greater federal control of elections appeared first on CyberScoop.
Analysis Summary
# Regulation/Compliance: Executive Order on Election Integrity and Federal Funding Requirements
## Overview
This executive order (EO) issued by the President threatens states with the loss of federal election grants unless they comply with a broad set of federal mandates concerning the administration of elections, verification of voter citizenship, and voting machine standards. The EO seeks to impose federal oversight on processes traditionally managed at the state and local level.
## Key Details
- Issuing Authority: The President of the United States (Executive Branch).
- Effective Date: Immediately upon issuance (though implementation details and legal challenges are pending).
- Jurisdiction: Applicable to all U.S. states receiving federal election grants (e.g., HAVA funding).
- Status: Final (Issued as an Executive Order, facing near-certain constitutional challenges).
## Requirements
### Mandatory Requirements
1. **Proof of Citizenship Documentation:** State election systems must update federal voting forms to require "documentary proof" of U.S. citizenship (e.g., Passport, REAL ID, specific military/federal/state ID affirming citizenship) for registration or verification.
2. **Federal Form Usage:** States must accept and use the new national forms dictated by federal agencies.
3. **Voter List Vetting:** Federal agencies (DOJ, DHS) are empowered to "review" state voter registration lists and records to identify and verify non-citizen voters.
4. **Voting System Guideline Compliance:** States must revise and adhere to new federal guidelines for voluntary voting systems, as directed by the **Election Assistance Commission (EAC)**.
5. **Voting Machine Recertification:** All voting machines must be recertified to comply with the new standards within six months of their implementation.
6. **Data Sharing:** States must provide detailed state and local data about residents and voters to be cross-referenced with federal databases.
### Recommended Practices
1. **Paper Ballot Emphasis:** While not strictly mandated across all methods, the EO implies a preference for systems mirroring countries that utilize paper ballots counted publicly.
2. **Adopting Federal Verification:** States are expected to implement verification protocols guided by the EAC, DHS, and DOJ regarding proof of citizenship claims at the state level.
## Affected Organizations
- Industries: Election Administration (State and Local Governments).
- Organization Size: All states, regardless of size or current election practices.
- Geographic Scope: United States, contingent upon federal grant eligibility.
## Compliance Timeline
- **6 Months Post-Date:** All voting machines must be recertified to comply with the new federal standards.
- **Ongoing/Immediate:** States must begin accepting and using the new federal registration forms requiring documentary proof of citizenship to avoid penalties.
- **Future Date (Implied):** Dependent on the EAC's timeline for updating forms and guidelines.
## Implementation Guidance
### Assessment Phase
- Identify all current voter registration forms and documentation requirements to determine variances from the proposed federal standards concerning "documentary proof" of citizenship.
- Audit current voting machine certifications against expected new EAC standards.
### Implementation Phase
- **Form Revision:** Update all voter registration materials to incorporate the federally mandated "documentary proof" requirements.
- **Agency Coordination:** Coordinate with EAC, DOJ, and DHS regarding list review processes and data sharing protocols.
- **Technology Update Cycle:** Initiate the process for mandatory recertification of all voting equipment within the six-month window.
### Validation Phase
- Demonstrate to federal agencies (EAC/DOJ) that new forms are being used and that citizenship verification processes are aligned with federal directives.
- Complete and document the recertification procedures for all voting hardware.
## Technical Requirements
1. **Voting Machine Standards:** Adherence to new technical standards promulgated by the EAC for voting machines, potentially requiring hardware/software updates or replacement.
2. **Data Compatibility:** Ensuring state and local voter databases can securely provide requested data for cross-referencing with federal databases.
## Penalties & Enforcement
- Fines: **Loss of Federal Election Grants.** Specifically, the EAC is directed to cease providing Federal funds (like HAVA funds) to non-compliant states.
- Other Consequences: Potential technological chaos and massive equipment replacement costs ("tens of billions of dollars") if current technology becomes decertified rapidly.
- Enforcement: Carried out primarily by the **Election Assistance Commission (EAC)**, supported by the **Department of Justice (DOJ)** and **Department of Homeland Security (DHS)** for list review and verification functions.
## Related Standards
- **Help America Vote Act (HAVA):** The EO targets the funding mechanism established by HAVA, though experts note HAVA grants currently lack statutory conditions enforced by the President.
- **Election Assistance Commission (EAC) Guidelines:** The EO mandates the revision of voluntary voting system guidelines published by the EAC.
## Resources
- Official Documentation: The text of the Executive Order itself (as issued by the President).
- Guidance Documents: Future directives released by the EAC, DOJ, and DHS clarifying implementation details.
## Practical Recommendations
1. **Legal Review:** Immediately engage legal counsel to assess the EO's conflict regarding the Constitution's Tenth Amendment and state authority over election administration ("times, places and manner").
2. **Prepare for Litigation:** Publicly or internally plan for near-certain constitutional challenges against the data sharing and grant conditioning provisions.
3. **Budgetary Analysis:** Calculate the projected costs associated with emergency voting machine recertification or replacement within the six-month timeframe imposed by the order.
4. **Federal Engagement Strategy:** Determine the appropriate governmental liaison to manage communications/data requests from the EAC, DHS, and DOJ regarding current voter rolls.