President Trump Issues Executive Order Seeking Changes to Federal Election Processes (and Inaccurately Describing Law on Lobbying by Nonprofits with Federal Funds)
On March 25, President Donald Trump issued an Executive Order seeking to make changes to the way federal elections are administered. While state elections boards (such as the NC State Board of Elections) administer elections in accordance with state laws, there are several federal laws that apply to all federal election across the country. The Executive Order references several parts of these federal election laws. Among other things, the Executive Order would:
- Require “documentary proof of United States citizenship” as part of the voter registration process for federal elections. Acceptable documents would include: (a) a valid U.S. passport; (b) a REAL ID that indicates that the applicant is a U.S. citizen; (c) an official military ID card that indicates that the applicant is a U.S. citizen; or (d) a valid federal or state government-issued photo ID that either indicates that the applicant is a U.S. citizen or is accompanied by proof of U.S. citizenship. Currently, North Carolina REAL ID cards and other drivers’ licenses do not indicate citizenship status, so most North Carolinians would likely need to show a U.S. passport, a military ID, or another form of photo ID along with proof of citizenship (such as a birth certificate or naturalization card) to register to vote. Notably, the “documentary proof of United States citizenship” is not currently a requirement for voter registration under either federal or North Carolina election law. However, a bill currently pending in the U.S. House of Representatives (the Safeguard American Voter Eligibility Act or SAVE Act) would amend federal election laws to require documentary proof of U.S. citizenship for voting. While the U.S. House of Representatives may take up the SAVE Act this spring, it is unlikely to pass the U.S. Senate.
- Provide support to state election agencies to help them purge ineligible voters – including people who have died or moved out of state – from their voter registration lists.
- Prohibit states from using barcodes or QR codes to count ballots in federal elections.
- Direct the U.S. Department of Justice to coordinate with state elections officials to prioritize prosecution of election crimes, including election fraud.
- Set a national policy that mail-in absentee ballots must be received by Election Day. This should not affect the election process in North Carolina, since a new law that took effect in 2024 eliminated the three-day grace period for receipt of mail-in absentee ballots, meaning that North Carolinians who vote by mail already must ensure that their county board of elections receives their ballot by 5 p.m. on Election Day.
- Direct the U.S. Department of Justice to prioritize enforcement of a federal law that makes it illegal for foreign nationals to make financial contributions to influence U.S. elections.
- Provide that states that don’t follow the rules set forth in the Executive Order could lose federal election funding.
Aside from the provisions related to election administration, the Executive Order contains a factually inaccurate sentence that could create concern for many nonprofits: “The Attorney General shall likewise prioritize the enforcement of 31 U.S.C. 1352, which prohibits lobbying by organizations or entities that have received any Federal funds.” In fact, federal law does not prohibit nonprofits (or businesses) that receive federal grants, contracts, or cooperative agreements from lobbying. In 1995, a member of Congress tried to get that type of broad prohibition on lobbying enacted into law, but nonprofits were successful in advocating against it. Instead, the statute referenced in that sentence of President Trump’s recent Executive Order (often known as the Byrd Amendment) merely limits nonprofits and businesses that receive federal grants, contracts, or cooperative agreements to not use these federal funds to influence other federal funding decisions. Nothing in federal law prohibits federally-funded nonprofits from policy advocacy at the federal level or from using other revenue sources to lobby Congress or federal agencies for appropriations or for the awarding, renewal, extension, or amendment of a federal grant, contract, or cooperative agreement. President Trump’s Executive Order does not change this law.
The Executive Order is likely to be challenged in federal court.
For more information and analysis, see this blog post from Nonprofit VOTE.
