EAC ordered to implement proof of citizenship under HAVA

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).