Donald Trump signed an executive order this week, purporting to require proof of citizenship in order to vote in the United States. Trump says he needs to do this to combat voter fraud, but voter fraud doesn’t exist, and there is no evidence that we have noncitizens, who aren’t allowed to vote, voting. Trump is proposing a plan that will make it harder for eligible voters to participate in elections in order to stop a fantasy problem dreamed up by xenophobic Republicans.
Trump, flatly, does not have the power to do this, but that doesn’t mean he can’t.
Federal elections in this country are not run by the federal government but by state governments. Each state enjoys broad constitutional authority to make its own rules about elections, including who is eligible to vote (in accordance with the 15th, 19th, 24th, and 26th amendments to the Constitution); who can register to vote; and what documentation voters are required to produce. I have long argued that this arrangement, where we have 50 federal election systems instead of just one, is stupid, and that we should have an act of Congress or even a constitutional amendment to federalize federal elections.
Trump, however, cannot override the entire (dumb) electoral system in this country by executive fiat. He cannot force the states to add a restriction on voting rights by his say-so. (Trump also ordered DOGE to “review” the voter rolls of each state, but again, DOGE has no authority to kick people off of voter registration rolls.)
Still, Trump’s illegal voter purge could have real consequences. While he and his MAGA junta don’t control the electoral system, they do control Congress—and Congress controls certifying the votes in federal elections. What that means is that Trump could order Congress to not count the votes submitted from states that do not follow Trump’s illegal requirements. That could land the 2028 MAGA presidential candidate (who could still be Trump) in office simply on the strength of votes from red states that implement Trump’s orders, while Congress refuses to certify votes from blue states.
Is that constitutional or legal? No. But… we live in a fascist state.