On March 25th President Trump issued an “election integrity” executive order (EO) covering a range of election issues including documentary proof of citizenship; voting system standards; timing of mail/absentee ballot return; DOGE review of voter data; and more. Kathy Boockvar spoke with several news outlets about this EO, explaining that it not only violates the U.S. Constitution, but also demonstrates a lack of understanding of how elections and voting systems work in Pennsylvania and throughout the country.
Boockvar noted that there will be extensive litigation over most of the EO’s significant provisions. Under Article I, Section 4 of the U.S. Constitution, the states have the power to establish election rules for their citizens, and only Congress, not the President, can alter or supersede state procedures governing federal elections and registration. Additionaly, neither the President nor the Election Assistance Commission (EAC) can unilaterally impose conditions on federal funding without congressional approval, nor can the President require the EAC to implement a policy that conflicts with federal and constitutional law.
Additionally, Boockvar explained that the EO is full of unfunded mandates that are infeasible, create more work for election officials and more barriers for voters, and, if enacted, would leave taxpayers footing the bill.
“The people who drafted this plain and simple don’t understand that these take time, they take funding, and it’s very unclear, at this point, which systems are even covered,” Boockvar told The Philadelphia Inquirer.
She also spoke with the USA Today network at length about the EO’s attempt to “upend” the state rights and Congressional authority outlined in the U.S. Constitution. She also explained that overhauling election technology is “no small task,” and that it could cost hundreds of millions of dollars to replace voting systems as well as years to develop, manufacture, adapt, and train election workers and voters to new voting systems.
She also noted that under current federal and Pennsylvania law, it is illegal for non-citizens to vote and the penalties include criminal prosecution and even deportation. Pennsylvania requires people to attest under penalty of perjury that they are U.S. citizens and voter registration applicants must provide their driver’s license number, state identification number or the last four digits of their Social Security number, or other approved ID.
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