Thoughts on President Trump’s 3/25/25 Executive order on Elections

A few thoughts this morning on the President’s executive order on elections. Some caveats, I am not a lawyer, but I have read up extensively on this to prepare.  I also am collecting some thoughts for a Commissioner in a Car on Monday.

Let’s start with what this order isn’t.  It isn’t the SAVE act.  It is not changing the federal election laws or sweeping overhauls of state election laws.  What it seems to do is withhold federal funds to get compliance.

This is wrong, but also not likely to have any impact.  The biggest criticism of federal spending on elections is that it has been virtually non-existent since 2020.  Withholding funds is unlikely to force states to change.

The withdrawal of funds will affect states like New York who count votes received after election day and every state but Arizona that does not have documentary proof such as birth certificates, required at registration.

It does not however force states to change their laws, only withhold funds from states who do not comply. This is the difference between this and the SAVE act.

The other main directive is the direct intervention on the US Elections Assistance Commission (of which I serve on a subcommittee). This is thought to be an independent agency and not under the executive control.

This will likely be the first thing challenged in court.  This bi partisan commission was set up to be an independent agency to prevent this type of meddling from a partisan president or congressional body.

If the order stands it will change the way voting machines are certified. The main question is how will voting machines be certified under the new standards within 180 days. 

No system is certified under the new VOLUNTARY standard now that was just recently adopted.  Certifying every system throughout the country in 180 days seems unworkable.

Also, the changing of the voter registration form will in essence make it unworkable. The documentary proof of requiring things like a birth certificate will be cost prohibitive and create major issues with election office record retention.

I expect these points and many more to be fought through litigation over the coming weeks.