In the near term, Executive Order 14248 will face constitutional scrutiny. That isn’t because the citizenship requirement for participation in elections is unclear but because the delegation of authority over election administration is crystal clear. Elections may have national consequences but the power to conduct them rests in state capitols. No public mandate, real or perceived, lets Washington tamper with this authority, not even for a worthy cause like election integrity.
In the longer term, last month’s executive order carries grave risks. The Trump administration can, and should, support state-led efforts to authenticate voter rolls, train election officials, upgrade voting technologies, and combat voter fraud. But they ought to be careful. Even a targeted federal mandate to strengthen election integrity today could make it easier for a future Democratic president and Congress to use more sweeping mandates to carry out a complete federal takeover of American elections.