President Donald Trump has pledged to issue an executive order preventing people from voting in U.S. elections unless they present valid identification, a move that is likely to be challenged in court as unconstitutional.
“Voter I.D. Must Be Part of Every Single Vote,” the president posted on Truth Social on Saturday. “NO EXCEPTIONS! I Will Be Doing An Executive Order To That End!!! Also, No Mail-In Voting, Except For Those That Are Very Ill, And The Far Away Military. USE PAPER BALLOTS ONLY!!!”
The U.S. Constitution hands responsibility for the regulation of elections to the states while granting Congress the power to introduce new federal laws at a national level. It makes no provision for the president’s involvement because of the obvious conflict of interest that would create.
Thirty-six states already have laws in place requiring voters to present ID to polling officials, according to the National Conference of State Legislatures.
Trump raised eyebrows in January this year when he demanded that California introduce a voter ID law in exchange for federal emergency relief after the blue state was devastated by winter wildfires.
He subsequently attempted to mandate proof of citizenship as a condition for voting but was blocked by a federal judge in June, who said the requirement would risk disenfranchising millions of Americans who do not have passports or ready access to their birth certificate or who may have only recently changed their name, for instance after getting married.
“As many as 11 percent of eligible voters do not have the kind of ID that is required by states with strict ID requirements, and that percentage is even higher among seniors, minorities, people with disabilities, low-income voters, and students,” the Brennan Center for Justice has warned.
Trump appears to remain fixated on the issue of voter fraud in the wake of his defeat to Joe Biden in the November 2020 presidential election, despite no evidence ever being produced to substantiate his repeated claims.
Mail-in voting has been a particular focus for his ire and he has repeatedly alleged that it is uniquely vulnerable to fraud, although, ironically, postal votes played an important role in securing his victory over Kamala Harris last year.
Trump and the Republican Party are already looking ahead to the November 2026 midterms, which has seen a major controversy erupt in Texas this month over the GOP’s efforts to redraw the state’s electoral map to its advantage, provoking a retaliatory push from Democrats in California.
Among those reacting to Trump’s post insisting on voter ID was Norm Eisen, former White House special counsel for ethics and government reform, who threatened a legal challenge.
“Go ahead, make my day Mr Trump,” Eisen wrote. “We at Democracy Defenders Fund immediately sued you and got an injunction on your first voting EO. We will do the same here if you try it again. The Constitution gives this authority to the states and Congress, not you!”
Political commentator Brian Krassenstein agreed: “This is illegal. Trump can NOT unilaterally ban mail-in voting or require voter ID.”
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