A federal judge on Friday ruled President Donald Trump’s executive order requiring documentary proof of U.S. citizenship to register to vote is unconstitutional, making it even more necessary that Republicans in Congress take advantage of Trump’s momentum and pass the SAVE Act.
Trump signed the executive order in March, directing that within 30 days, “the Election Assistance Commission shall take appropriate action to require, in its national mail voter registration form issued under 52 U.S.C. 20508 … documentary proof of United States citizenship.”
The order also required state and local officials to record the type of documentation used and the date such documentation was issued. Some examples of documentary proof of citizenship include a United States passport, a REAL ID that indicates citizenship, a military identification card, and a valid federal or state government-issued identification.
But District Judge Colleen Kollar-Kotelly ruled the order is unconstitutional, arguing Trump “lacks the authority to direct such changes.”
“Because our Constitution assigns responsibility for election regulation to the states and to Congress, this Court holds that the President lacks the authority to direct such changes.”
Kollar-Kotelly has previously ruled against Trump as Democrats use lawfare to block, stall, or overturn Trump’s mandate. This ruling should also serve as a reminder: while Democrats are laser-focused on obstructing Trump’s agenda in court, Republicans in Congress have the power to act now.
That means passing the Safeguarding American Voter Eligibility (SAVE) Act, which would amend the 1993 National Voter Registration Act to require documentary proof of citizenship to register to vote. The legislation was previously passed by the Republican-led House.
While it is illegal for noncitizens to register to vote or vote, current federal law is largely toothless. Prospective voters simply check a tiny square box on a federal voter registration form attesting under penalty of perjury that they are a citizen. But that’s it — it’s the honor system. Both the SAVE Act and Trump’s order would give teeth to the law by requiring prospective voters prove they are a citizen.
If Democrats’ playbook is to block or reverse every Trump policy through unprecedented lawfare, Republicans’ response must be to make those policies law. The courts can slow Trump down, but Congress can secure true victories for election integrity. The fight must start with the SAVE Act.
Brianna Lyman is an elections correspondent at The Federalist. Brianna graduated from Fordham University with a degree in International Political Economy. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2
