Preserving and Protecting the Integrity of American Elections

[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]

[Presidential Documents]

[Pages 14005-14010]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2025-05523]

Presidential Documents

Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 /

Presidential Documents

[[Page 14005]]

Executive Order 14248 of March 25, 2025

Preserving and Protecting the Integrity of

American Elections

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, it is hereby ordered:

Section 1. Purpose and Policy. Despite pioneering self-

government, the United States now fails to enforce

basic and necessary election protections employed by

modern, developed nations, as well as those still

developing. India and Brazil, for example, are tying

voter identification to a biometric database, while the

United States largely relies on self-attestation for

citizenship. In tabulating votes, Germany and Canada

require use of paper ballots, counted in public by

local officials, which substantially reduces the number

of disputes as compared to the American patchwork of

voting methods that can lead to basic chain-of-custody

problems. Further, while countries like Denmark and

Sweden sensibly limit mail-in voting to those unable to

vote in person and do not count late-arriving votes

regardless of the date of postmark, many American

elections now feature mass voting by mail, with many

officials accepting ballots without postmarks or those

received well after Election Day.

Sweden sensibly limit mail-in voting to those unable to

vote in person and do not count late-arriving votes

regardless of the date of postmark, many American

elections now feature mass voting by mail, with many

officials accepting ballots without postmarks or those

received well after Election Day.

Free, fair, and honest elections unmarred by fraud,

errors, or suspicion are fundamental to maintaining our

constitutional Republic. The right of American citizens

to have their votes properly counted and tabulated,

without illegal dilution, is vital to determining the

rightful winner of an election.

Under the Constitution, State governments must

safeguard American elections in compliance with Federal

laws that protect Americans' voting rights and guard

against dilution by illegal voting, discrimination,

fraud, and other forms of malfeasance and error. Yet

the United States has not adequately enforced Federal

election requirements that, for example, prohibit

States from counting ballots received after Election

Day or prohibit non-citizens from registering to vote.

Federal law establishes a uniform Election Day across

the Nation for Federal elections, 2 U.S.C. 7 and 3

U.S.C. 1. It is the policy of my Administration to

enforce those statutes and require that votes be cast

and received by the election date established in law.

As the United States Court of Appeals for the Fifth

Circuit recently held in Republican National Committee

v

al elections, 2 U.S.C. 7 and 3

U.S.C. 1. It is the policy of my Administration to

enforce those statutes and require that votes be cast

and received by the election date established in law.

As the United States Court of Appeals for the Fifth

Circuit recently held in Republican National Committee

v. Wetzel (2024), those statutes set ``the day by which

ballots must be both cast by voters and received by

state officials.'' Yet numerous States fail to comply

with those laws by counting ballots received after

Election Day. This is like allowing persons who arrive

3 days after Election Day, perhaps after a winner has

been declared, to vote in person at a former voting

precinct, which would be absurd. Several Federal laws,

including 18 U.S.C. 1015 and 611, prohibit foreign

nationals from registering to vote or voting in Federal

elections. Yet States fail adequately to vet voters'

citizenship, and, in recent years, the Department of

Justice has failed to prioritize and devote sufficient

resources for enforcement of these provisions. Even

worse, the prior administration actively prevented

States from removing aliens from their voter lists.

Additionally, Federal laws, such as the National Voter

Registration Act (Pub. L. 103-31) and the Help America

Vote Act (Pub. L. 107-252), require States to maintain

an accurate and current Statewide list of every legally

registered voter in the State. And the Department of

Homeland Security is required to share database

information with States upon request so they

[[Page 14006]]

Act (Pub. L. 103-31) and the Help America

Vote Act (Pub. L. 107-252), require States to maintain

an accurate and current Statewide list of every legally

registered voter in the State. And the Department of

Homeland Security is required to share database

information with States upon request so they

[[Page 14006]]

can fulfill this duty. See 8 U.S.C. 1373(c).

Maintaining accurate voter registration lists is a

fundamental requirement in protecting voters from

having their ballots voided or diluted by fraudulent

votes.

Federal law, 52 U.S.C. 30121, prohibits foreign

nationals from participating in Federal, State, or

local elections by making any contributions or

expenditures. But foreign nationals and non-

governmental organizations have taken advantage of

loopholes in the law's interpretation, spending

millions of dollars through conduit contributions and

ballot-initiative-related expenditures. This type of

foreign interference in our election process undermines

the franchise and the right of American citizens to

govern their Republic.

Above all, elections must be honest and worthy of the

public trust. That requires voting methods that produce

a voter-verifiable paper record allowing voters to

efficiently check their votes to protect against fraud

or mistake. Election-integrity standards must be

modified accordingly.

It is the policy of my Administration to enforce

Federal law and to protect the integrity of our

election process.

a voter-verifiable paper record allowing voters to

efficiently check their votes to protect against fraud

or mistake. Election-integrity standards must be

modified accordingly.

It is the policy of my Administration to enforce

Federal law and to protect the integrity of our

election process.

Sec. 2. Enforcing the Citizenship Requirement for

Federal Elections. To enforce the Federal prohibition

on foreign nationals voting in Federal elections:

(a)(i) Within 30 days of the date of this order,

the Election Assistance Commission shall take

appropriate action to require, in its national mail

voter registration form issued under 52 U.S.C. 20508:

(A) documentary proof of United States citizenship, consistent with 52

U.S.C. 20508(b)(3); and

(B) a State or local official to record on the form the type of document

that the applicant presented as documentary proof of United States

citizenship, including the date of the document's issuance, the date of the

document's expiration (if any), the office that issued the document, and

any unique identification number associated with the document as required

by the criteria in 52 U.S.C. 21083(a)(5)(A), while taking appropriate

measures to ensure information security.

the applicant presented as documentary proof of United States

citizenship, including the date of the document's issuance, the date of the

document's expiration (if any), the office that issued the document, and

any unique identification number associated with the document as required

by the criteria in 52 U.S.C. 21083(a)(5)(A), while taking appropriate

measures to ensure information security.

(ii) For purposes of subsection (a) of this section, ``documentary proof of

United States citizenship'' shall include a copy of:

(A) a United States passport;

(B) an identification document compliant with the requirements of the

REAL ID Act of 2005 (Pub. L. 109-13, Div. B) that indicates the applicant

is a citizen of the United States;

(C) an official military identification card that indicates the applicant

is a citizen of the United States; or

(D) a valid Federal or State government-issued photo identification if

such identification indicates that the applicant is a United States citizen

or if such identification is otherwise accompanied by proof of United

States citizenship.

(b) To identify unqualified voters registered in

the States:

(i) the Secretary of Homeland Security shall, consistent with applicable

law, ensure that State and local officials have, without the requirement of

the payment of a fee, access to appropriate systems for verifying the

citizenship or immigration status of individuals registering to vote or who

are already registered;

(ii) the Secretary of State shall take all lawful and appropriate action to

make available information from relevant databases to State and local

election officials engaged in verifying the citizenship of individuals

registering to vote or who are already registered; and

tems for verifying the

citizenship or immigration status of individuals registering to vote or who

are already registered;

(ii) the Secretary of State shall take all lawful and appropriate action to

make available information from relevant databases to State and local

election officials engaged in verifying the citizenship of individuals

registering to vote or who are already registered; and

(iii) the Department of Homeland Security, in coordination with the DOGE

Administrator, shall review each State's publicly available voter

registration list and available records concerning voter list maintenance

activities as

[[Page 14007]]

required by 52 U.S.C. 20507, alongside Federal immigration databases and

State records requested, including through subpoena where necessary and

authorized by law, for consistency with Federal requirements.

(c) Within 90 days of the date of this order, the

Secretary of Homeland Security shall, consistent with

applicable law, provide to the Attorney General

complete information on all foreign nationals who have

indicated on any immigration form that they have

registered or voted in a Federal, State, or local

election, and shall also take all appropriate action to

submit to relevant State or local election officials

such information.

(d) The head of each Federal voter registration

executive department or agency (agency) under the

National Voter Registration Act, 52 U.S.C. 20506(a),

shall assess citizenship prior to providing a Federal

voter registration form to enrollees of public

assistance programs.

such information.

(d) The head of each Federal voter registration

executive department or agency (agency) under the

National Voter Registration Act, 52 U.S.C. 20506(a),

shall assess citizenship prior to providing a Federal

voter registration form to enrollees of public

assistance programs.

(e) The Attorney General shall prioritize

enforcement of 18 U.S.C. 611 and 1015(f) and similar

laws that restrict non-citizens from registering to

vote or voting, including through use of:

(i) databases or information maintained by the Department of Homeland

Security;

(ii) State-issued identification records and driver license databases; and

(iii) similar records relating to citizenship.

(f) The Attorney General shall, consistent with

applicable laws, coordinate with State attorneys

general to assist with State-level review and

prosecution of aliens unlawfully registered to vote or

casting votes.

Sec. 3. Providing Other Assistance to States Verifying

Eligibility. To assist States in determining whether

individuals are eligible to register and vote:

(a) The Commissioner of Social Security shall take

all appropriate action to make available the Social

Security Number Verification Service, the Death Master

File, and any other Federal databases containing

relevant information to all State and local election

officials engaged in verifying the eligibility of

individuals registering to vote or who are already

registered

to make available the Social

Security Number Verification Service, the Death Master

File, and any other Federal databases containing

relevant information to all State and local election

officials engaged in verifying the eligibility of

individuals registering to vote or who are already

registered. In determining and taking such action, the

Commissioner of Social Security shall ensure compliance

with applicable privacy and data security laws and

regulations.

(b) The Attorney General shall ensure compliance

with the requirements of 52 U.S.C. 20507(g).

(c) The Attorney General shall take appropriate

action with respect to States that fail to comply with

the list maintenance requirements of the National Voter

Registration Act and the Help America Vote Act

contained in 52 U.S.C. 20507 and 52 U.S.C. 21083.

(d) The Secretary of Defense shall update the

Federal Post Card Application, pursuant to the

Uniformed and Overseas Citizens Absentee Voting Act, 52

U.S.C. 20301, to require:

(i) documentary proof of United States citizenship, as defined by section

2(a)(ii) of this order; and

(ii) proof of eligibility to vote in elections in the State in which the

voter is attempting to vote.

Sec. 4. Improving the Election Assistance Commission.

the

Uniformed and Overseas Citizens Absentee Voting Act, 52

U.S.C. 20301, to require:

(i) documentary proof of United States citizenship, as defined by section

2(a)(ii) of this order; and

(ii) proof of eligibility to vote in elections in the State in which the

voter is attempting to vote.

Sec. 4. Improving the Election Assistance Commission.

(a) The Election Assistance Commission shall, pursuant

to 52 U.S.C. 21003(b)(3) and 21142(c) and consistent

with applicable law, take all appropriate action to

cease providing Federal funds to States that do not

comply with the Federal laws set forth in 52 U.S.C.

21145, including the requirement in 52 U.S.C.

20505(a)(1) that States accept and use the national

mail voter registration form issued pursuant to 52

U.S.C. 20508(a)(1), including any requirement for

documentary proof of United States citizenship adopted

pursuant to section 2(a)(ii) of this order.

(b)(i) The Election Assistance Commission shall

initiate appropriate action to amend the Voluntary

Voting System Guidelines 2.0 and issue other

appropriate guidance establishing standards for voting

systems to protect election

[[Page 14008]]

integrity. The amended guidelines and other guidance

shall provide that voting systems should not use a

ballot in which a vote is contained within a barcode or

quick-response code in the vote counting process except

where necessary to accommodate individuals with

disabilities, and should provide a voter-verifiable

paper record to prevent fraud or mistake.

shall provide that voting systems should not use a

ballot in which a vote is contained within a barcode or

quick-response code in the vote counting process except

where necessary to accommodate individuals with

disabilities, and should provide a voter-verifiable

paper record to prevent fraud or mistake.

(ii) Within 180 days of the date of this order, the Election Assistance

Commission shall take appropriate action to review and, if appropriate, re-

certify voting systems under the new standards established under subsection

(b)(i) of this section, and to rescind all previous certifications of

voting equipment based on prior standards.

(c) Following an audit of Help America Vote Act

fund expenditures conducted pursuant to 52 U.S.C.

21142, the Election Assistance Commission shall report

any discrepancies or issues with an audited State's

certifications of compliance with Federal law to the

Department of Justice for appropriate enforcement

action.

(d) The Secretary of Homeland Security and the

Administrator of the Federal Emergency Management

Agency, consistent with applicable law, shall in

considering the provision of funding for State or local

election offices or administrators through the Homeland

Security Grant Programs, 6 U.S.C. 603 et seq., heavily

prioritize compliance with the Voluntary Voting System

Guidelines 2.0 developed by the Election Assistance

Commission and completion of testing through the Voting

System Test Labs accreditation process.

election offices or administrators through the Homeland

Security Grant Programs, 6 U.S.C. 603 et seq., heavily

prioritize compliance with the Voluntary Voting System

Guidelines 2.0 developed by the Election Assistance

Commission and completion of testing through the Voting

System Test Labs accreditation process.

Sec. 5. Prosecuting Election Crimes. To protect the

franchise of American citizens and their right to

participate in fair and honest elections:

(a) The Attorney General shall take all appropriate

action to enter into information-sharing agreements, to

the maximum extent possible, with the chief State

election official or multi-member agency of each State.

These agreements shall aim to provide the Department of

Justice with detailed information on all suspected

violations of State and Federal election laws

discovered by State officials, including information on

individuals who:

(i) registered or voted despite being ineligible or who registered multiple

times;

(ii) committed election fraud;

(iii) provided false information on voter registration or other election

forms;

(iv) intimidated or threatened voters or election officials; or

(v) otherwise engaged in unlawful conduct to interfere in the election

process.

(b) To the extent that any States are unwilling to

enter into such an information sharing agreement or

refuse to cooperate in investigations and prosecutions

of election crimes, the Attorney General shall:

eatened voters or election officials; or

(v) otherwise engaged in unlawful conduct to interfere in the election

process.

(b) To the extent that any States are unwilling to

enter into such an information sharing agreement or

refuse to cooperate in investigations and prosecutions

of election crimes, the Attorney General shall:

(i) prioritize enforcement of Federal election integrity laws in such

States to ensure election integrity given the State's demonstrated

unwillingness to enter into an information-sharing agreement or to

cooperate in investigations and prosecutions; and

(ii) review for potential withholding of grants and other funds that the

Department awards and distributes, in the Department's discretion, to State

and local governments for law enforcement and other purposes, as consistent

with applicable law.

(c) The Attorney General shall take all appropriate

action to align the Department of Justice's litigation

positions with the purpose and policy of this order.

Sec. 6. Improving Security of Voting Systems. To

improve the security of all voting equipment and

systems used to cast ballots, tabulate votes, and

report results:

(a) The Attorney General and the Secretary of

Homeland Security shall take all appropriate actions to

the extent permitted by 42 U.S.C. 5195c

[[Page 14009]]

of Voting Systems. To

improve the security of all voting equipment and

systems used to cast ballots, tabulate votes, and

report results:

(a) The Attorney General and the Secretary of

Homeland Security shall take all appropriate actions to

the extent permitted by 42 U.S.C. 5195c

[[Page 14009]]

and all other applicable law, so long as the Department

of Homeland Security maintains the designation of

election infrastructure as critical infrastructure, as

defined by 42 U.S.C. 5195c(e), to prevent all non-

citizens from being involved in the administration of

any Federal election, including by accessing election

equipment, ballots, or any other relevant materials

used in the conduct of any Federal election.

(b) The Secretary of Homeland Security shall, in

coordination with the Election Assistance Commission

and to the maximum extent possible, review and report

on the security of all electronic systems used in the

voter registration and voting process. The Secretary of

Homeland Security, as the head of the designated Sector

Risk Management Agency under 6 U.S.C. 652a, in

coordination with the Election Assistance Commission,

shall assess the security of all such systems to the

extent they are connected to, or integrated into, the

Internet and report on the risk of such systems being

compromised through malicious software and unauthorized

intrusions into the system.

coordination with the Election Assistance Commission,

shall assess the security of all such systems to the

extent they are connected to, or integrated into, the

Internet and report on the risk of such systems being

compromised through malicious software and unauthorized

intrusions into the system.

Sec. 7. Compliance with Federal Law Setting the

National Election Day. To achieve full compliance with

the Federal laws that set the uniform day for

appointing Presidential electors and electing members

of Congress:

(a) The Attorney General shall take all necessary

action to enforce 2 U.S.C. 7 and 3 U.S.C. 1 against

States that violate these provisions by including

absentee or mail-in ballots received after Election Day

in the final tabulation of votes for the appointment of

Presidential electors and the election of members of

the United States Senate and House of Representatives.

(b) Consistent with 52 U.S.C. 21001(b) and other

applicable law, the Election Assistance Commission

shall condition any available funding to a State on

that State's compliance with the requirement in 52

U.S.C. 21081(a)(6) that each State adopt uniform and

nondiscriminatory standards within that State that

define what constitutes a vote and what will be counted

as a vote, including that, as prescribed in 2 U.S.C. 7

and 3 U.S.C. 1, there be a uniform and

nondiscriminatory ballot receipt deadline of Election

Day for all methods of voting, excluding ballots cast

in accordance with 52 U.S.C

t State that

define what constitutes a vote and what will be counted

as a vote, including that, as prescribed in 2 U.S.C. 7

and 3 U.S.C. 1, there be a uniform and

nondiscriminatory ballot receipt deadline of Election

Day for all methods of voting, excluding ballots cast

in accordance with 52 U.S.C. 20301 et seq., after which

no additional votes may be cast.

Sec. 8. Preventing Foreign Interference and Unlawful

Use of Federal Funds. The Attorney General, in

consultation with the Secretary of the Treasury, shall

prioritize enforcement of 52 U.S.C. 30121 and other

appropriate laws to prevent foreign nationals from

contributing or donating in United States elections.

The Attorney General shall likewise prioritize

enforcement of 31 U.S.C. 1352, which prohibits lobbying

by organizations or entities that have received any

Federal funds.

Sec. 9. Federal Actions to Address Executive Order

14019. The heads of all agencies, and the Election

Assistance Commission, shall cease all agency actions

implementing Executive Order 14019 of March 7, 2021

(Promoting Access to Voting), which was revoked by

Executive Order 14148 of on January 20, 2025 (Initial

Rescissions of Harmful Executive Orders and Actions),

and, within 90 days of the date of this order, submit

to the President, through the Assistant to the

President for Domestic Policy, a report describing

compliance with this order.

revoked by

Executive Order 14148 of on January 20, 2025 (Initial

Rescissions of Harmful Executive Orders and Actions),

and, within 90 days of the date of this order, submit

to the President, through the Assistant to the

President for Domestic Policy, a report describing

compliance with this order.

Sec. 10. Severability. If any provision of this order,

or the application of any provision to any agency,

person, or circumstance, is held to be invalid, the

remainder of this order and the application of its

provisions to any other agencies, persons, or

circumstances shall not be affected thereby.

Sec. 11. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

[[Page 14010]]

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(Presidential Sig.)

THE WHITE HOUSE,

March 25, 2025.

[FR Doc. 2025-05523

Filed 3-27-25; 8:45 am]

Billing code 3395-F4-P