Guest post by Garland Favorito from VoterGA
On March 25, 2025, President Donald Trump signed Executive Order (EO) 14248 entitled “Preserving and Protecting the Integrity of American Elections”. When he signed the order, the President mentioned that this may be the first of several election related executive orders necessary to secure United States elections. EO 14248 addresses key election integrity issues such as voter eligibility, fraud prevention, foreign interference and accountability for wrongdoing. It also puts in place sorely needed mechanisms to assess the accuracy of voter rolls and the security of voting machines.
The order exercises the President’s unquestioned Constitutional power in Article II Section II which states: “…he shall take Care that the Laws be faithfully executed…” The EO contains nine key sections, each of which references federal laws that the section helps to enforce. Some brief highlights and legal justification for each section are:
Sec. 1 . Purpose and Policy
Section 1 identifies how certain countries have election laws and procedures that protect their voters better than we do in the United States. Some use a Voter ID Biometric Database, others conduct elections on hand marked paper ballots that are counted in public to resolve disputes while still others limit mail-in voting, and do not accept ballots received after Election Day. By contrast, United States elections rely on self-attestation for citizenship, count votes in secret on proprietary software and accept ballots that are received after the election is conducted.
The section also identifies several unenforced federal laws such as those requiring a uniform Election Day, prohibiting foreign nationals from voting and participating in elections and requiring States to maintain an accurate and current Statewide list of every legally registered voter in the State.
2 U.S.C. 7, 3 U.S.C. 1, 18 U.S.C. 611 and 1015(f), (Pub. L. 107–252), (Pub. L. 103–31).
Sec. 2 . Enforcing the Citizenship Requirement for Federal Elections.
Section 2 orders the Election Assistance Commission (EAC) to amend its national mail voter registration form issued to include ‘‘documentary proof of U.S. citizenship’’. The proof can be a United States passport, an identification document compliant with requirements of 2005 REAL ID Act, official military identification card or a valid Federal or State government-issued photo ID provided that they indicate the applicant is a U.S. citizen or it is accompanied by proof of U.S. citizenship.
Section 2 also orders certain executive branch agencies to assist states in identify unqualified voters registered in the States. It orders the Department of Homeland Security (DHS) to ensure State and local officials have free access to federal databases for verifying citizenship or immigration status of those registering to vote or already registered. It orders the Secretary of State (SOS) to make available information from relevant databases to State and local election official.
Section 2 lays the groundwork for future directives by ordering DHS, with the Department of Government Efficiency (DOGE) to review each State’s publicly available voter registration list and records concerning maintenance activities required by the National Voter Registration Act.
52 U.S.C. 20507 and U.S.C. 20508
Sec. 3 . Providing Other Assistance to States Verifying Eligibility.
Section 3 orders the Commissioner of Social Security to make available the Social Security Number Verification Service and Death Master File, to help State and local election officials verify eligibility of individuals registering to vote or who are already registered.
It also orders the Department of Defense (DOD) to update the Federal Post Card Application of the Uniformed and Overseas Citizens Absentee Voting Act so that it requires documentary proof of U.S. citizenship defined by Section 2 as well as proof of eligibility to vote in elections in a State where voter attempts to vote.
52 U.S.C. 20301
Sec. 4 . Improving the Election Assistance Commission.
Section 4 orders the EAC to amend the Voluntary Voting System Guidelines (VVSG) Volume 2.0 so that it mandates a voter-verifiable paper record to prevent fraud or mistakes. It specifically excludes certifications of voting systems that use a ballot in which a vote is contained within a barcode or QR code in vote counting except where necessary to accommodate individuals with disabilities.
The EO takes the critical step of ordering the EAC to review and re-certify voting systems under the new standards established in this section and to rescind previous certifications of voting equipment based on prior standards.
It further orders the EAC to audit Help America Vote Act fund expenditures and report to the Department of Justice (DOJ) any discrepancies or issues in State certifications of compliance with Federal law.
52 U.S.C. 21142
Sec. 5 . Prosecuting Election Crimes
Section 5 orders the Attorney General (AG) to enter into information-sharing agreements, as possible, with the chief State election official or multi-member agency of each State to provide the DOJ with suspected violations of State and Federal election laws. It also orders the AG to prioritize enforcement of Federal election integrity laws and conduct reviews for potential withholding of DOJ grants.
Sec. 6 . Improving Security of Voting Systems
Section 6 orders the AG and DHS to take action to prevent all non-citizens from being involved in Federal election administration. That Includes access of election equipment, ballots, or relevant materials as long as DHS maintains designation of elections as critical infrastructure.
The EO takes another critical step in ordering DHS to review and report on the security of all electronic systems used in voter registration and voting processes. This includes assessing security of the systems to the extent they are connected to, or integrated into, the Internet and to report on the risk of such systems being compromised through malicious software and unauthorized intrusions.
42 U.S.C. 5195c
Sec. 7 . Compliance with Federal Law Setting the National Election Day.
Section 7 orders the AG to enforce federal laws prohibiting States from including absentee or mail-in ballots received after Election Day in final tabulation of votes for Presidential electors and U.S. Senate and House candidates. Overseas military personnel and citizen ballots are excepted at this time.
It also orders the EAC to condition funding to States on compliance that each State adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted as a vote.
2 U.S.C. 7, 3 U.S.C. 1, 52 U.S.C. 21001(b), 52 U.S.C.21081(a)(6)
Sec. 8 . Preventing Foreign Interference and Unlawful Use of Federal Funds.
Section 8 orders the AG and Treasury Secretary to prioritize enforcement of laws that prevent foreign nationals from contributing or donating in U.S. elections and prohibit lobbying by organizations or entities that have received Federal funds.
52 U.S.C. 30121, 31 U.S.C. 1352
Sec. 9 . Federal Actions to Address Executive Order 14019.
Section 9 orders the heads of federal agencies and the EAC to cease all agency actions implementing the previously revoked EO 14019, “Promoting Access to Voting” and submit a report describing compliance with this order to the President through his Domestic Policy Assistant. EO 14019 implemented “Get Out The Vote” initiatives in those agencies without clear supporting federal law.
The Challenges
Several media assets have falsely reported that the Trump EO was blocked by a judge, however, the EO has roughly 40 individual provisions and only two have been subjected to a temporary injunction. The most significant injunctive claim is that a President cannot order the EAC to amend its voter registration form to include proof of citizenship because it is an independent entity. This claim will likely be supplanted by Trump’s previously mentioned Article 2 Presidential Powers but even if not, it is moot if Congress passes the SAVE Act or the EAC, which has already consulted with the states as required, simply calls an Executive Session and votes to amend the form.
Nevertheless, despite its common-sense, obvious protections for American voters, four lawsuits naming Trump and EAC members are pending against certain parts of Trump’s orders. The two most comprehensive were filed by 19 Attorneys General, all Democrats, and one by the Democratic National Committee, Democratic Governors Association, Democratic Senatorial Campaign Committee, Democratic Congressional Campaign Committee, plus minority leaders, Senator Shumer and Representative Jeffries. It makes you wonder why all those Democrats don’t want honest elections. But perhaps, we already know the answer to that question.
Conclusion
Democrats, judges and even the EAC need to quickly come to the realization that we are in the midst of an election security crisis and Americans want solutions. Election results are counted in secret; analyses of state voter rolls show 20% ineligible registration rates and Director of National Intelligence Tulsi Gabbard explained in an April 10 cabinet meeting: “We have evidence of how these electronic voting systems have been vulnerable to hackers for a very long time and vulnerable to exploitation to manipulate the results of the votes being cast…”
State election officials have created this dilemma and Congress cannot act fast enough to codify changes needed. The assessment underway for voter rolls and voting machines will likely demonstrate a need for more EOs. In the near term, Presidential EOs issued within boundaries of federal law are essential to preserve and protect the integrity of American elections.
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Garland Favorito is the co-founder of Voters Organized of Trusted Election Results in Georgia, VoterGA, a non-partisan, non-profit, election integrity organization formed in 2006. He is a 40+ year career Information Technology professional with a 20-year background in voting system technology.
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