Even though there is no evidence that large numbers of noncitizens are registered to vote, President Donald Trump’s executive order “Preserving and Protecting the Integrity of American Elections” would (if courts allow it to go into effect) create a new requirement to prove citizenship when registering to vote. This order would also invalidate all ballots received after Election Day.
We oppose the president’s order because it creates an unnecessary barrier to voting. Many citizens would be required to take time and spend money before they could register to vote. The president’s order would require proof of citizenship when registering to vote by submitting a copy of a U.S. passport, REAL ID compliant ID, military ID, or federal or state photo identification that indicates citizenship. Birth certificates would not qualify as proof of citizenship. Millions of U.S. citizens in Washington over the age of 18 do not have a REAL ID or a U.S. passport. This order is a significant change from our tradition of making voting more accessible so that participation in our most important democratic process is increased.
Noncitizen voting is exceedingly rare. In Washington, for at least the past 25 years, no evidence has been provided supporting the claim that large numbers of noncitizens have voted. Nationwide between 2002 and 2023, with hundreds of millions of cast ballots, the Heritage Foundation found 85 cases relating to allegations of noncitizens voting. A 2024 audit of Georgia’s voter rolls found that of the 8.2 million people registered to vote, nine noncitizens had voted in previous elections since 2012.
We support this order’s requirement to use “voter verifiable paper records” (e.g. paper ballots). These paper records allow voters to verify that their vote was cast correctly and provides a means to audit stored electronic results.
We also endorse Trump’s support for the federal government providing information to all state and local election officials to verify the eligibility of individuals registering to vote or who are already registered to vote. Currently 25 states, including Washington, are members of the Elections Registration Information Center. ERIC members share voter registration information, receive data from the Social Security Administration and change-of-address data from the U.S. Postal Service to update their voter registration records. Increasing the type of information available and sharing it with all 50 states would be a significant improvement of our elections system.
But those initiatives should be dictated by Congress, not by executive order.
A significant number of people believe that large numbers of noncitizens are registered to vote. This false belief reduces confidence in the integrity of elections. As Trump’s order suggests, a comprehensive and accurate registry of U.S. citizens should be established and maintained for election administrators to access when registering voters. This would improve confidence in the integrity of elections without making it harder for U.S. citizens to register to vote.
For more than 100 years, Washington has accepted ballots that are postmarked by Election Day. Until 2022, Oregon did not count ballots received after Election Day, and for each election thousands of properly voted ballots were not counted. These voters were disenfranchised because their ballot was in transit with the Postal Service. For a close race, these ballots could have changed the results. Accepting ballots after Election Day does occasionally mean the outcome of a close race cannot be confidently predicted for one or two days longer than if those ballots were not counted. However, accepting valid ballots after Election Day increases participation in the election, which should be our goal.
Presidential executive orders direct the government to take specific actions to ensure “the laws be faithfully executed.” Executive orders cannot override federal laws. This executive order may violate the U.S. Constitution (Article I gives states and Congress the power to make election rules, not the president) as well as several federal laws. Legal challenges to this executive order are likely to be successful.
As the result of decades of bipartisan work, Washington’s elections are a national model. Our elections are secure, transparent and accessible. We ask the president and members of Congress to follow Washington’s lead by working together to improve citizens’ confidence in the integrity of the elections process while keeping that process readily accessible to all.
Greg Kimsey is Clark County auditor, the county’s top elections official. David Nierenberg of Camas is an investor who has supported both Republican and Democratic candidates.
