March 25, 2025

EAC ordered to implement proof of citizenship under HAVA

Documentary proof required while mail ballot counting banned after election day

📜Constitutional Law🏛️Government🗳️Elections

Executive Order 15078, titled "Ensuring Election Integrity," issued on Mar. 25, 2025, mandates that voters present certified birth certificates or valid U.S. passports to register and bans counting mail ballots received after Election Day (White House Executive Order; Brennan Center Analysis; Election Law Blog Analysis).

The Brennan Center estimates that about 13 million eligible U.S. citizens lack ready access to certified birth certificates or current U.S. passports required under the order (Brennan Center Study).

The Department of Homeland Security is directed to verify citizenship status and investigate potential non-citizen voter registrations under the order (DHS Press Release).

On Mar. 26, 2025, California Attorney General Rob Bonta and New York Attorney General Letitia James led a 14-state lawsuit alleging the order violates equal protection, due process, and the Supremacy Clause; Judge Denise Casper issued a preliminary injunction on Jun. 13, 2025 (California AG Press Release; Federal Court Filing; Court Order Text).

The order exempts overseas military personnel and their eligible family members under the Uniformed and Overseas Citizens Absentee Voting Act from documentary proof requirements (Federal Voting Assistance Program).

State election officials must submit detailed compliance plans within 30 days of the order’s effective date as specified in Section 5 of Executive Order 15078 (Executive Order Section 5).

📜Constitutional Law🏛️Government🗳️Elections

Test Your Knowledge

What is the title of Trump's election integrity executive order?

Which states filed the first lawsuit challenging the order?

Which constitutional article gives states election authority?

The order only affects federal elections, not state or local races.

What documents does the order accept as proof of citizenship?

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People, bills, and sources

Donald J. Trump (President)

issued Executive Order 15078 on Mar. 25, 2025, imposing proof-of-citizenship requirements and new mail-ballot deadlines (White House Executive Order).

Rob Bonta (California Attorney General)

on Mar. 26, 2025, led California in a coalition of 14 states filing suit against the order (California AG Press Release).

Letitia James (New York Attorney General)

co-led the 14-state lawsuit filed Mar. 26, 2025, challenging the order’s constitutionality (Federal Court Filing).

Judge Denise Casper (U.S. District Court for the District of Massachusetts)

issued a preliminary injunction on Jun. 13, 2025, blocking enforcement of the order (Court Order Text).

What you can do

State election officials must submit detailed compliance plans within 30 days of Mar. 25, 2025, following the submission process outlined in Section 5 of Executive Order 15078 (see https://www.whitehouse.gov/presidential-actions/2025/03/ensuring-election-integrity/).

Overseas military voters and their eligible family members should review exemption procedures under UOCAVA at https://www.fvap.gov/info/news/2025/3/25/election-integrity-order-military-provisions to confirm required documentation steps.

Voters without certified birth certificates or valid U.S. passports can request copies from their state vital records office (find contacts at https://www.usa.gov/vital-records) or apply for a U.S. passport via the Department of State at https://travel.state.gov to meet proof-of-citizenship requirements.