Ensuring Citizenship Verification and Integrity in Federal Elections

[Federal Register Volume 91, Number 64 (Friday, April 3, 2026)]

[Presidential Documents]

[Pages 17125-17128]

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

[FR Doc No: 2026-06601]

[[Page 17123]]

Vol. 91

Friday,

No. 64

April 3, 2026

Part III

The President

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Executive Order 14399--Ensuring Citizenship Verification and Integrity

in Federal Elections

Presidential Documents

Federal Register / Vol. 91 , No. 64 / Friday, April 3, 2026 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

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Executive Order 14399 of March 31, 2026

Ensuring Citizenship Verification and Integrity

in Federal Elections

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, including the Help America Vote Act of 2002

(52 U.S.C. 20901 et seq.), the National Voter

Registration Act of 1993 (52 U.S.C. 20501 et seq.), and

the Federal Government's constitutional obligation to

guarantee a republican form of Government to every

State in the Union, U.S. Const. Art. IV, Sec. 4, it is

hereby ordered:

ica Vote Act of 2002

(52 U.S.C. 20901 et seq.), the National Voter

Registration Act of 1993 (52 U.S.C. 20501 et seq.), and

the Federal Government's constitutional obligation to

guarantee a republican form of Government to every

State in the Union, U.S. Const. Art. IV, Sec. 4, it is

hereby ordered:

Section 1. Purpose and Policy. The right to vote in

Federal elections is reserved exclusively for citizens

of the United States under the Constitution and Federal

law. Federal statutes explicitly prohibit non-citizens

from registering to vote or voting in Federal elections

and impose criminal penalties for violations. (18

U.S.C. 241; 18 U.S.C. 611; 18 U.S.C. 1015; and 52

U.S.C. 20511). The Social Security Administration (SSA)

maintains records that, in conjunction with the

Department of Homeland Security's (DHS) Systematic

Alien Verification for Entitlements (SAVE) program

under 42 U.S.C. 1320b-7, can assist in verifying

identity and Federal election voter eligibility.

The Federal Government has an unavoidable duty under

Article II of the Constitution of the United States to

enforce Federal law, which includes preventing

violations of Federal criminal law and maintaining

public confidence in election outcomes. To enhance

election integrity via the United States Mail,

additional measures are necessary. Secure ballot

envelope identifiers provide a reliable, auditable

mechanism to enforce Federal law without unduly

burdening or infringing on the rights of eligible

voters

ic confidence in election outcomes. To enhance

election integrity via the United States Mail,

additional measures are necessary. Secure ballot

envelope identifiers provide a reliable, auditable

mechanism to enforce Federal law without unduly

burdening or infringing on the rights of eligible

voters. Unique ballot envelope identifiers, such as bar

codes, enable confirmation that only citizens receive

and cast ballots, reducing the risk of fraud and

protecting the integrity of Federal elections.

Sec. 2. Establishment and Transmission of State

Citizenship Lists and Prioritization of Investigations

and Prosecutions Related to Election Fraud. (a) To the

extent feasible and consistent with applicable law,

including but not limited to the Privacy Act of 1974 (5

U.S.C. 552a), the Secretary of Homeland Security,

through the Director of United States Citizenship and

Immigration Services and in coordination with the

Commissioner of SSA, shall take appropriate action to

compile and transmit to the chief election official of

each State a list of individuals confirmed to be United

States citizens who will be above the age of 18 at the

time of an upcoming Federal election and who maintain a

residence in the subject State (State Citizenship

List). The State Citizenship List shall be derived from

Federal citizenship and naturalization records, SSA

records, SAVE data, and other relevant Federal

databases

above the age of 18 at the

time of an upcoming Federal election and who maintain a

residence in the subject State (State Citizenship

List). The State Citizenship List shall be derived from

Federal citizenship and naturalization records, SSA

records, SAVE data, and other relevant Federal

databases. The State Citizenship List shall be updated

and transmitted to State election officials no fewer

than 60 days before each regularly scheduled Federal

election, or promptly upon request by a State in

connection with any special Federal election. The

Secretary of Homeland Security shall establish

procedures to (i) allow individuals to access their

individual records as well as to update or correct them

in advance of elections; and (ii) enable States to

routinely supplement and provide suggested

modifications or amendments to the State Citizenship

List transmitted thereto. An individual's

identification on the State Citizenship List does not

indicate that the individual has been properly

registered to vote in the State. State and Federal laws

and State procedures must still be followed

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for an individual to be registered to vote. There may

be State laws, not reflected in the State Citizenship

List, that preclude voter registration, or the

individual may choose not to be registered.

registered to vote in the State. State and Federal laws

and State procedures must still be followed

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for an individual to be registered to vote. There may

be State laws, not reflected in the State Citizenship

List, that preclude voter registration, or the

individual may choose not to be registered.

(b) For purposes of this order, an individual is

``eligible to vote in a Federal election'' if the

individual is a citizen of the United States, 18 years

of age or older by the date of the upcoming election,

and otherwise qualified under the laws of his or her

State. The Attorney General shall prioritize the

investigation and, as appropriate, the prosecution of

State and local officials or any others involved in the

administration of Federal elections who issue Federal

ballots to individuals not eligible to vote in a

Federal election, including under 18 U.S.C. 2(a), 18

U.S.C. 241, 18 U.S.C. 371, 18 U.S.C. 611(a), 18 U.S.C.

1001, 18 U.S.C. 1015, 52 U.S.C. 10307, and 52 U.S.C.

20511. Similarly, the Attorney General shall prioritize

the investigation and, as appropriate, the prosecution

of individuals and public or private entities engaged

in, or aiding and abetting, the printing, production,

shipment, or distribution of ballots to individuals who

are not eligible to vote in a Federal election.

Similarly, the Attorney General shall prioritize

the investigation and, as appropriate, the prosecution

of individuals and public or private entities engaged

in, or aiding and abetting, the printing, production,

shipment, or distribution of ballots to individuals who

are not eligible to vote in a Federal election.

Sec. 3. United States Postal Service Rulemaking on

Mail-In and Absentee Ballots. (a) The unlawful use of

the mail in connection with elections is prohibited by

various Federal statutes, including 18 U.S.C. 1341, 18

U.S.C. 1708, 52 U.S.C. 10307, and 52 U.S.C. 20511.

(b) To ensure the faithful execution of Federal

law, protect the integrity of the mail as a medium for

transmitting Federal election ballots and establish

uniform standards for mail-in or absentee ballot

services implemented through the United States Postal

Service (USPS), the Postmaster General is hereby

directed to initiate a proposed rulemaking pursuant to

39 U.S.C. 401 and other applicable authority within 60

days of the date of this order. The notice of proposed

rulemaking shall include, at minimum, the following:

ces implemented through the United States Postal

Service (USPS), the Postmaster General is hereby

directed to initiate a proposed rulemaking pursuant to

39 U.S.C. 401 and other applicable authority within 60

days of the date of this order. The notice of proposed

rulemaking shall include, at minimum, the following:

(i) Proposed provisions specifying that all outbound ballot mail must be

mailed in an envelope that:

(A) is marked as Official Election Mail, including through designated

markings provided by USPS for this purpose, such as the Official Election

Mail logo, as necessary and appropriate;

(B) is automation-compatible and bears a unique Intelligent Mail barcode,

or successor USPS technology, that facilitates tracking and is consistent

with the other requirements of this section; and

(C) has undergone a mail envelope design review by the USPS to ensure

compliance with USPS mailing standards, including barcode placement.

(ii) Proposed provisions specifying that, no fewer than 90 days prior to a

Federal election, any State may choose to notify the USPS if it intends to

allow for mail-in or absentee ballots to be transmitted by the USPS. As

part of that notification, any notifying State should further indicate

whether it intends to submit to the USPS, no fewer than 60 days before the

election, a list of voters eligible to vote in a Federal election in such

State to whom the State intends to provide a mail-in or absentee ballot to

be transmitted via the USPS.

(iii) Proposed provisions specifying that the USPS shall not transmit mail-

in or absentee ballots from any individual unless those individuals have

been enrolled on a State-specific list described in subsection (b)(iv) of

this section with the USPS pursuant to this subsection.

tion in such

State to whom the State intends to provide a mail-in or absentee ballot to

be transmitted via the USPS.

(iii) Proposed provisions specifying that the USPS shall not transmit mail-

in or absentee ballots from any individual unless those individuals have

been enrolled on a State-specific list described in subsection (b)(iv) of

this section with the USPS pursuant to this subsection.

(iv) Proposed provisions specifying that the USPS shall provide each State

with a list of individuals (Mail-In and Absentee Participation List) who

are enrolled with the USPS, pursuant to a process specified in the

rulemaking directed by this subsection, for mail-in or absentee ballots

provided by such State, along with unique ballot envelope identifiers, such

as bar codes, for mail-in or absentee ballots provided to such individuals.

The preparation and transmission of each State-specific Mail-In and

Absentee Participation List shall comply with the Privacy Act and all

applicable use agreements.

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(v) Proposed procedures enabling each State to routinely supplement and

provide suggested modifications or amendments to the State's Mail-In and

Absentee Participation List in advance of any Federal election, consistent

with applicable State law.

(c) The USPS shall coordinate with the USPS Office

of Inspector General and the Department of Justice for

investigation of suspected unlawful use of the mail

involving Federal election materials.

s to the State's Mail-In and

Absentee Participation List in advance of any Federal election, consistent

with applicable State law.

(c) The USPS shall coordinate with the USPS Office

of Inspector General and the Department of Justice for

investigation of suspected unlawful use of the mail

involving Federal election materials.

(d) Any final rule pursuant to this section shall

be issued no later than 120 days from the date of this

order.

Sec. 4. Implementation. (a) The Secretary of Homeland

Security, the Commissioner of SSA, and the Postmaster

General shall coordinate with the Secretary of Commerce

in effectuating all relevant aspects of the

implementation of this order.

(b) The Attorney General shall enforce compliance

with the applicable Federal statutes referenced herein

and provide guidance to election officials, including

any instrumentalities thereof; contractors; individuals

involved in the administration of Federal elections; or

public or private entities engaged in the printing,

production, shipment, or distribution of ballots.

(c) The Secretary of Homeland Security shall,

within 90 days of the date of this order, establish the

infrastructure necessary to compile, maintain, and

transmit the State Citizenship List described in

section 2(a) of this order, and shall designate a point

of contact within DHS to receive and process requests

from individuals and State election officials regarding

the relevant State Citizenship List

infrastructure necessary to compile, maintain, and

transmit the State Citizenship List described in

section 2(a) of this order, and shall designate a point

of contact within DHS to receive and process requests

from individuals and State election officials regarding

the relevant State Citizenship List. The Commissioner

of SSA shall provide all necessary citizenship and

identity data to the Secretary of Homeland Security in

support of this requirement, consistent with applicable

law, the Privacy Act, and all applicable use

agreements.

Sec. 5. Enforcement. The Attorney General and the heads

of executive departments and agencies (agencies) with

relevant authority shall take all lawful steps to deter

and address noncompliance with Federal law, including

withholding Federal funds from noncompliant States and

localities where such withholding is authorized by law.

Evidence of violations of existing Federal laws by

State or local election officials; States or

localities, including any instrumentalities thereof;

contractors; individuals involved in the administration

of Federal elections; or public or private entities

engaged in the printing, production, shipment, or

distribution of ballots may be referred to the

Department of Justice for consideration of

investigation or charges under 18 U.S.C. 2(a), 18

U.S.C. 241, 18 U.S.C. 371, 18 U.S.C. 611(a), 18 U.S.C.

1001, 18 U.S.C. 1015, 52 U.S.C. 10307, and 52 U.S.C.

20511

ed in the printing, production, shipment, or

distribution of ballots may be referred to the

Department of Justice for consideration of

investigation or charges under 18 U.S.C. 2(a), 18

U.S.C. 241, 18 U.S.C. 371, 18 U.S.C. 611(a), 18 U.S.C.

1001, 18 U.S.C. 1015, 52 U.S.C. 10307, and 52 U.S.C.

20511. States and localities should preserve, for a 5-

year period, all records and materials--excluding

ballots cast--evidencing voter participation in any

Federal election (e.g., ballot envelopes, regardless of

carrier).

Sec. 6. 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. 7. 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.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

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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.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

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(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 31, 2026.

[FR Doc. 2026-06601

Filed 4-2-26; 11:15 am]

Billing code 3395-F4-P