Presidential Directive and Constitutional Challenges
President Donald Trump declared via Truth Social on Saturday that he will issue an executive order requiring voter identification for all U.S. elections, asserting, "Voter I.D. Must Be Part of Every Single Vote. NO EXCEPTIONS!" The order would also restrict mail-in voting to only the "very ill" and military personnel stationed abroad, while mandating paper ballots. Legal experts immediately questioned the order’s constitutionality, noting that the U.S. Constitution grants election administration authority to states and Congress, not the president. This move mirrors a March 2025 executive order requiring documentary proof of citizenship for voter registration, which was blocked by a federal judge in June for overstepping presidential authority.
Existing State Voter ID Laws and Disparities
Currently, 36 states have voter identification laws, with 23 requiring photo IDs and 12 accepting non-photo documents like bank statements. Fourteen states and Washington D.C. use alternative verification methods, such as signature matching. The Brennan Center for Justice estimates that 11% of eligible voters lack the required ID, with higher rates among seniors, minorities, low-income individuals, and students. Critics argue such laws disenfranchise vulnerable populations, as obtaining documents like birth certificates can be costly and administratively burdensome.
Political Context and Electoral Impact
Trump’s push stems from baseless claims of widespread fraud in the 2020 election and unsubstantiated allegations of non-citizen voting. The order aligns with broader Republican efforts to influence election rules, including gerrymandering in states like Texas to secure additional House seats. The 2026 midterm elections, seen as a referendum on Trump’s policies, could be significantly affected. Democrats aim to break GOP control of Congress, but voter ID laws may suppress turnout in key demographics.
Legal and Practical Obstacles
The order faces imminent legal challenges, similar to the blocked proof-of-citizenship requirement. Election officials also warn that hand-counting paper ballots would be time-consuming, costly, and less accurate than machine counting. Additionally, the order ignores that 146 million Americans lack passports, and millions more, particularly married women with changed names struggle to provide citizenship documents.
Global and Historical Precedents
Trump’s mail-in voting restrictions contradict his own use of mail ballots in 2024 and practices in states like Utah, where 91.5% of votes were cast by mail under Republican oversight. Internationally, dozens of countries permit mail-in voting, undermining claims that it is inherently insecure.