A broad range of actions at the federal and state levels are reshaping the landscape of U.S. election administration. These include legislative efforts in Congress, executive orders from President Donald Trump, and legal challenges from coalitions of states and advocacy groups.
Legislative Efforts in Congress
Several bills have been introduced in Congress that propose significant changes to federal election procedures.
The SAVE America Act
The Safeguard American Voter Eligibility (SAVE America) Act is a legislative priority for President Trump. The bill was passed by the U.S. House of Representatives (with a vote of 218-213) but faces an uncertain future in the Senate, where it requires 60 votes to overcome a filibuster.
Key Provisions of the Bill:
- Proof of Citizenship: Requires individuals registering to vote in federal elections to provide documentary proof of U.S. citizenship, such as a U.S. passport or a certified birth certificate. The bill mandates that this documentation be presented in person to an election official.
- Voter ID: Mandates that all voters present a physical photo identification card to cast a ballot. Acceptable forms of ID include state-issued driver's licenses, U.S. passports, military IDs, and tribal IDs. School IDs are not accepted. Mail-in voters would need to provide a copy of their photo ID.
- Voter Roll Maintenance: Directs states to submit their voter registration lists to the Department of Homeland Security for comparison with the Systematic Alien Verification for Entitlements (SAVE) system to identify and remove non-citizens from the rolls.
- Penalties: Establishes criminal penalties for election officials who register voters without proof of citizenship and allows private individuals to file civil lawsuits against them.
Proponents' Arguments:
Supporters, including President Trump and Republican leaders, state the bill is necessary to prevent non-citizens from voting and to restore public confidence in elections. They argue that requiring identification is a common-sense measure, as similar ID requirements exist for activities like boarding a plane or purchasing alcohol.
Opponents' Arguments: Opponents, including Democrats and voting rights organizations, argue that the bill would disenfranchise millions of eligible U.S. citizens who lack easy access to citizenship documents like a passport or birth certificate. They state that instances of non-citizen voting are extremely rare, making the legislation's sweeping changes unnecessary.
Critics also express concern that the bill could lead to massive voter purges and would impose a significant burden on state election officials and voters.
Additional Requests by President Trump:
President Trump has advocated for adding several other provisions to the SAVE America Act, including:
- A ban on most mail-in voting, with exceptions for military personnel, the disabled, and travelers.
- A prohibition on transgender athletes competing in women's sports.
- A ban on gender-affirming surgeries for minors.
The Make Elections Great Again (MEGA) Act
Another bill, the Make Elections Great Again Act, would incorporate the provisions of the SAVE America Act. It would also seek to end universal vote-by-mail, ban mail-in ballot grace periods, restrict third-party assistance for voters, and prohibit ranked-choice voting. This bill is scheduled to take effect in 2027.
Executive Orders on Elections
President Donald Trump has signed multiple executive orders addressing election administration.
March 25, 2025 Executive Order
This executive order sought to require documentary proof of citizenship for voter registration, mandate that mail ballots arrive by Election Day, and create a national voter list.
- Legal Challenge Outcome: A federal judge permanently blocked most of this order, ruling that the Constitution does not grant the President specific powers over elections and that the order violated the separation of powers.
Executive Order on Mail-In Voting and Voter Lists (Signed March 2025 and Subsequent Actions)
A subsequent executive order directs the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to create a list of verified U.S. citizens eligible to vote in each state. It also directs the U.S. Postal Service (USPS) to create rules for delivering mail-in ballots only to those on state-specific lists. The order also calls for the use of secure ballot envelopes with unique barcodes for tracking.
Legal Challenges to Executive Orders
Multiple lawsuits have been filed challenging the executive order on mail-in voting and voter lists.
Plaintiffs:
- Democratic congressional leaders, including Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, along with the Democratic National Committee and other party organizations.
- Voter advocacy groups.
- 23 Democratic-led states and the District of Columbia, led by California.
Arguments of the Plaintiffs:
The lawsuits argue that the executive order is unconstitutional because:
- It infringes on the power of states to administer elections, as granted by the Constitution's Elections Clause.
- It violates the separation of powers by allowing the President to unilaterally change election rules without congressional approval.
- Its requirements, such as submitting a list of mail voters 60 days before an election, could disenfranchise eligible voters.
- The directive to create a "citizen list" violates privacy laws.
Response from the White House:
The White House has stated that the executive order is a lawful effort to secure American elections and ensure that only eligible citizens are able to vote.
Statements on Election Administration by the President
President Trump has made several statements regarding federal control over elections.
- Call for "Nationalizing" Elections: During a podcast interview, President Trump suggested that Republicans should "take over the voting" in at least 15 places and "nationalize the voting."
- Statement on State Role: He later stated that "a state is an agent for the federal government in elections," arguing that the federal government should take over election administration if a state cannot conduct an election "honestly."
These statements have drawn constitutional concerns from election experts, who note that the Constitution grants authority over election administration to the states. The Constitution's Elections Clause allows Congress to make or alter state election regulations, but does not provide for direct presidential control.
Developments in California Primary Election
The counting of votes in California's primary election continued days after the election.
Vote Counting Process:
California's vote counting is slower than many states due to a mail-in ballot system with signature verification and a 22-day period for voters to correct errors. Votes are counted if they are postmarked by Election Day and received within seven days. This process is intended to prioritize accuracy over speed.
Unsubstantiated Claims of Fraud:
President Donald Trump and Elon Musk posted unsubstantiated claims that the slow vote counting was indicative of fraud. Multiple audits and studies have found no evidence of widespread voter fraud in California or the United States.
U.S. Attorney's Office Investigation:
First Assistant U.S. Attorney Bill Essayli announced that his office has "multiple election fraud investigations" underway, in coordination with the FBI. An assistant U.S. attorney observed ballot processing in Los Angeles. The office stated it is investigating individual cases, not networks, and has acknowledged it has no evidence of widespread fraud that could sway election results.
Outcome of Key Races:
- Democratic incumbent Karen Bass advanced to the general election runoff for Los Angeles mayor.
- Spencer Pratt (R) and Nithya Raman (D) were contesting the second runoff spot.
- Former U.S. Health and Human Services Secretary Xavier Becerra (D) advanced to the general election for governor.
- Republican Steve Hilton and Democrat Tom Steyer were competing for the second spot in the gubernatorial race.
Trump's Call for Federal Role in Georgia
President Trump suggested that the Georgia State Election Board should assume control of elections in Fulton County. The FBI conducted a search of an election office in Fulton County, seizing 2020 election ballots and other materials as part of a Justice Department investigation into allegations related to the 2020 election.