Gongwer News Service
An executive order signed Tuesday by President Donald Trump mandating that states require residents to provide proof of U.S. citizenship to register to vote is raising questions about the future of certain Michigan election laws, particularly reforms approved in recent years that have contributed to increased voter turnout.
The order, titled “Preserving and Protecting the Integrity of American Elections,” directs the U.S. Election Assistance Commission to take steps to require proof of citizenship on its national mail voter registration form. It also directs the U.S. Department of Homeland Security to provide states with access to systems to review citizenship status of registered voters.
The other part of the order, which appears to have the largest effect on states’ laws, is a provision mandating states to follow an interpretation of federal law making mail-in ballots received after Election Day invalid, regardless of when they were postmarked.
Currently, Michigan law allows for absentee ballots received after Election Day to be counted, provided they are postmarked on or before Election Day and received within six days of the election. This exception to the rule that absentee ballots must be received by a local clerk by 8 p.m. on Election Day is designated specifically for military or overseas ballots.
Trump’s order also directs the Election Assistance Commission to withhold federal election dollars to states that do not comply with its provisions on mail-in and absentee ballots.
Secretary of State Jocelyn Benson posted to her personal account on X, formerly Twitter, in response to the order, indicating she’s gearing up for a legal battle against the White House.
“If the election denier-in chief tries to interfere with any citizen’s right to vote, with this or any other action, we’ll see him in court,” Benson said in the post, in which she also tagged Attorney General Dana Nessel.
Like many of Trump’s recent actions, the order is likely to be challenged in court. A spokesperson for Nessel said her office is reviewing the contents of the order to understand what immediate impact it will have on Michigan law.
The order from Trump comes on the heels of weeks of debate at the state and federal levels over adding a proof of citizenship requirements to voter registration rules via statute. Michigan Republicans championed a House joint resolution to put a question on 2026 ballots as to whether proof of citizenship should be a registration requirement; and Republicans in Congress have sought to pass the SAVE Act, with provisions that appear to largely be covered by the executive order.
Voter advocacy groups, like Promote the Vote and the ACLU of Michigan, joined Benson in opposition to the joint resolution and federal measures to require proof of citizenship, arguing it would disenfranchise legal voters who are unable to produce certain documents in order to register to vote.
Common Cause Michigan, a democracy-focused nonprofit, released a statement slamming the executive order as both illegal and an attempt at voter suppression.
“A president does not set election law for Michigan and never will. Trump’s executive action is just another transparent attempt to enact baseless voter suppression here in Michigan,” Common Cause MI Executive Director Quentin Turner said in the statement. “Whether it is the block the ballot resolution Michigan Republicans are advancing or this executive order, voter suppression is unwelcome in Michigan, and we will fight it tooth and nail.”
