CHARLOTTE, N.C. (AP) — State and local election officials from across the country are meeting Thursday to consider President Donald Trump’s executive order that seeks major changes to how elections are run, the first time those in charge of the nation’s voting will formally gather to weigh in on its implications.
The U.S. Election Assistance Commission’s Standards Board, which is holding a public hearing in North Carolina, is a bipartisan advisory group of election officials from every state that meets annually.
The commission, an independent federal agency, is at the center of Trump’s executive order. The March 25 order directs the commission to update the national voter registration form to include a proof-of-citizenship requirement, revise guidelines for voting systems and withhold federal money from any state that continues to accept ballots after Election Day.
Voting rights groups, the Democratic Party and Democratic officials in 21 states have sued, arguing that the Republican president is exceeding his authority under the Constitution and interfering with states’ power to set election rules. They want to block the commission from taking action to implement the executive order.
The Constitution says it’s up to states to determine the “times, places and manner” of how elections are run, while Congress has the power to “make or alter” regulations for presidential and congressional elections. It does not grant the president any authority over how elections are administered.
Congress created the Election Assistance Commission after the 2000 presidential election, which included a contested outcome in Florida, to help states update their voting equipment.
Under the 2002 law, the commission was charged with distributing federal money for new voting equipment, creating voluntary guidelines for voting systems, establishing a federal testing and certification program for them, and overseeing the national voter registration form. It also has worked closely with the states to gather an array of data and share ideas on how to run elections more efficiently.
Trump, who continues to make false claims about the 2020 presidential election, instructed the commission to “take appropriate action” within 30 days to require documentary proof of citizenship on the national voter registration form. The order outlines acceptable documents as a U.S. passport, a REAL ID-compliant driver’s license or official military ID that “indicates the applicant is a citizen,” or a government-issued photo ID accompanied by proof of citizenship.
The requirement has caused widespread concern that it will disenfranchise millions of voters who don’t have a passport or ready access to their birth certificate or other documents that will prove their citizenship. Similar laws at the state level have caused disruptions, including during town elections last month in New Hampshire and in Kansas, where a since overturned law ended up blocking the voter registrations of 31,000 people who were citizens and otherwise eligible to vote.
Trump’s order also directed the Election Assistance Commission to “take all appropriate action to cease” federal money for any state that fails to use the form that includes the proof-of-citizenship requirement, though a handful of states are exempt under federal law from using the national form.
Some states would have to halt their practice of counting late-arriving mail ballots that are postmarked by Election Day. If they don’t, Trump’s executive order directs the commission to withhold election-related funding. Oregon and Washington have filed a separate lawsuit against the executive order, saying it would upend their elections because they rely entirely on mail voting.
