Sharing the Facts About President Trump’s Executive Order on Elections

On March 25, 2025, President Trump signed an executive order that attempts to radically and unlawfully change how elections are administered in the United States. His proposals are nothing short of a power grab that would trample on the constitutional authority of states and Congress.

The U.S. Constitution clearly grants state officials the most power to set the rules and regulations for American elections, like when people in their state can vote early or by mail. It does not grant the president any such power. But Trump’s order seeks to claim that power for himself and put restrictions on mail-in voting in every state.

If states don’t comply with the president’s demands, the executive order directs the Department of Justice to enforce the requirements and threatens to withhold federal funding, directly impacting Americans.

The president’s order also violates the Help America Vote Act (HAVA) and the National Voter Registration Act by directing the Election Assistance Commission (EAC) to impose new voter registration rules in every state. Congress created the independent federal agency two years after the 2000 election to assist state officials in improving the voting process by providing technical support, certifying voting equipment, and administering grants for equipment upgrades. The president does not have the legal authority to unilaterally enact changes through the EAC.

When President George W. Bush signed HAVA into law, he acknowledged that it’s not the federal government’s job to manage how elections are run. “The administration of elections is primarily a state and local responsibility,” he said at the time.

Shortly after Trump signed the executive order, attorneys general from 21 states challenged it in court, joining other consolidated lawsuits that also sought to block specific sections of it. So far, federal judges have agreed with the states, issuing rulings that have blocked the administration from holding up federal funds, instituting new requirements to register to vote, and more.

Here are some key takeaways about states’ constitutional authority over election administration and the legality of the executive order:

• In America, elections are run by the states.
  • The Constitution is very clear: states are responsible for administering our elections.
  • In the federal government, only Congress has the power to set election laws.
• The executive order is an unconstitutional attempt by the president to grab power from Congress and the states.
  • This attempted overreach poses a threat to our decentralized, nonpartisan system of election administration.
• Our state-based election system is part of the American tradition of checks and balances that keeps government working for the people. It’s how we keep our elections free, fair, and secure.
  • Allowing states to administer elections ensures they are run by people who know what works best for their own community.
  • The 2024 elections were secure and accurate, thanks in large part to voting systems and regulations administered by state and local officials.
• The freedom to vote is a foundational American value—and it’s one that states deliver on in every election cycle.
  • States have strong checks and balances in place to ensure their elections are secure and accurate, with layers of safeguards set by state and federal law.