A voting information table at Fort Buchanan in Puerto Rico, the only U.S. Army installation in the Caribbean, in 2024. A federal court halted part of a presidential executive order that imposed new requirements on military service members, their families and other overseas citizens trying to vote in U.S. elections while living far away from home. (David Hernandez/U.S. Army Garrison Fort Buchanan)
WASHINGTON — A federal court halted part of a presidential executive order that imposed new requirements on military service members, their families and other overseas citizens trying to vote in U.S. elections while living far away from home.
In a ruling Friday, the U.S. District Court for the District of Columbia invalidated part of a March 25 executive order by President Donald Trump titled “Preserving and Protecting the Integrity of American Elections” that required documented proof of citizenship to register in federal elections.
Military members serving overseas represent about 40% of Americans living abroad, according to the U.S. Election Assistance Commission.
Secure Families Initiative, a nonprofit that advocates for military families, is a plaintiff in the case. The organization argued the order created undue hardship for Americans living overseas, including service members and their families.
Rebecca Nowatchik, an Air Force spouse and a director at Secure Families Initiative, said military families already face challenges when trying to vote in federal elections while living abroad.
Trump’s executive order meant they would have to find a secure way to send passports and other citizenship documents annually to election officials before being allowed to cast ballots, Nowatchik said.
“Voters potentially would have to send their passport through the mail,” she said.
The stated goal of the executive order was to enhance voter registry accuracy and reduce the risk of fraud in federal elections.
There are several legal challenges to the president’s March 25 order that directs sweeping reforms to federal elections, including by the Democratic National Committee. Trump has continued to claim his 2020 loss to Democratic President Joe Biden was the result of fraud in the electoral system.
But U.S. District Judge Colleen Kollar-Kotelly in Washington, D.C., wrote that the president and his administration cannot unilaterally direct changes to federal election procedures. The judge ruled the order is an unconstitutional violation of the separation of powers.
“Because our Constitution assigns responsibility for election regulation to the states and to Congress, this court holds that the president lacks the authority to direct such changes,” according to an Oct. 31 court memorandum opinion.
The White House defended the executive order after Friday’s ruling.
“President Trump has exercised his lawful authority to ensure only American citizens are casting ballots in American elections,” said Abigail Jackson, a White House spokeswoman. “This is so common sense that only the Democrat Party would file a lawsuit against it. We expect to be vindicated by a higher court.”
Trump had directed the Election Assistance Commission in Executive Order 14,248 to alter the national voter registration form to require “documentary proof of U.S. citizenship,” according to court documents.
Most states use an applicant’s personal information, including Social Security numbers, to confirm voting eligibility with government databases.
“This ruling ensures that military families can continue to cast their ballots without unnecessary barriers or burdensome paperwork — defending not just our community’s rights, but the right to vote for every American,” according to Secure Families Initiative.
Plaintiffs also include nonpartisan organizations that register voters. They argued that requiring documented proof of citizenship “unquestionably” makes it more difficult to register voters, according to court documents.
Other parts of the executive order remain intact. The executive order also directs states not to accept absentee ballots postmarked by Election Day but received later. Secure Families Initiative argued that the order increases the risk that ballots from military families and other Americans overseas will be rejected because of postal delays.
