The fight for control over the ballot box has shifted from the Senate floor to the Oval Office.
On Friday, Trump announced that he is done waiting for Congress to act and will instead use an executive order to mandate voter identification for the upcoming November midterms. With the SAVE America Act currently stuck in the Senate, Trump used a Truth Social post to signal that he will implement strict new requirements regardless of a legislative vote. “There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!” Trump wrote.
The proposed executive order aims to go much further than simple photo identification. Trump is calling for mandatory proof of citizenship to register and a sweeping ban on mail-in ballots, with only limited exceptions. While federal data shows that illegal voting by noncitizens is already a crime and remains extremely rare, Trump maintains that the current system is a “scam” that must be dismantled. “This is an issue that must be fought, and must be fought, NOW!” he posted. “If we can’t get it through Congress, there are Legal reasons why this SCAM is not permitted. I will be presenting them shortly, in the form of an Executive Order.”
Legal experts and civil rights advocates are already preparing for a massive constitutional challenge. The power to regulate federal elections is historically reserved for Congress and the states, and previous attempts by the administration to change these rules via executive decree have been blocked by the courts. A federal judge recently issued a permanent injunction against a similar effort, ruling that Trump lacks the authority to unilaterally rewrite election laws. “Our Constitution entrusts Congress and the states — not the president — with the authority to regulate federal elections,” the judge wrote in a previous decision. “No statutory delegation of authority to the executive branch permits the president to short-circuit Congress’s deliberative process by executive order.”
Earlier this week, the House passed the SAVE America Act, which would require voters to present documents like a birth certificate or passport in person to register. However, the bill faces a dead end in the Senate, where it lacks the 60 votes needed to move forward.
I am never surprised by what trump says or does. I’m just grateful that our judges stop his ignorant orders!