On Friday, former President Donald Trump announced on social media that he plans to sign an executive order enforcing voter identification in the upcoming midterm elections, should Congress not act. He expressed strong feelings about the necessity of voter ID, stating that there are legal grounds for such measures.
Trump has been advocating for a national standard for election management. While Congress could set federal regulations, the Constitution specifies that each state controls its election processes. Trump’s recent statements outline his strategy if Congress doesn’t pass the legislation he’s pushing for.
The “SAVE America Act” is a significant focus for Trump. This act, recently passed by the House with strong Republican support, mandates voter ID and imposes stricter rules on mail-in ballots. Interestingly, Rep. Henry Cuellar from Texas was the only Democrat to back it.
Legal experts have weighed in, suggesting that Trump’s push for an executive order on voter ID could violate the Constitution. Nate Persily, a law professor at Stanford, highlighted that the president lacks the authority to unilaterally change election laws. This sentiment is echoed by Rick Hasen of UCLA, who indicated that any order requiring states to comply with a voter ID law is likely to be ruled unconstitutional, following a recent federal court ruling against similar efforts by Trump.
The SAVE America Act would require that voters provide proof of citizenship in person before registering. This documentation could be a passport or a birth certificate, for instance. However, it now faces a challenging path in the Senate, where a significant majority is needed.
Senator Lisa Murkowski from Alaska has voiced her opposition, noting that Republicans had previously opposed federal mandates on state elections. Democrats argue that voter ID laws predominantly aim to disenfranchise marginalized groups. They point to data showing that non-citizen voting is extremely rare and emphasize that current laws already enforce severe penalties for false claims of citizenship.
Senate Minority Leader Chuck Schumer condemned the legislation, equating it to regressive Jim Crow laws, suggesting it will not advance in the Senate.
Overall, Trump’s insistence on nationalizing elections ties back to broader themes in American politics, where questions of voter access and election integrity remain hotly contested. Recent public sentiment reflects growing concerns about election security, with many Americans favoring some form of voter identification. However, the challenge remains balancing security with accessibility, a debate that shapes our electoral landscape today. For more on this issue, see the detailed study by the Brennan Center for Justice on non-citizen voting and its implications.
