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EO 14399Executive OrderTrump 47 · R

Executive Order 14399

Ensuring Citizenship Verification and Integrity in Federal Elections

This executive order directs DHS to compile and share citizenship lists with states for federal election verification, requires USPS rulemaking to create tracked mail-in ballots with unique barcodes, and prioritizes prosecution of officials or entities that provide ballots to non-citizens. It mandates new federal infrastructure for voter eligibility verification and imposes compliance mechanisms including potential federal funding withholding.

Federal Register Open PDF 91 FR 17125

Impact dates

  1. State Citizenship List updated and transmitted to State election officials before each Federal election

  2. 22d ago

    USPS issues final rule on mail-in/absentee ballot requirements

  3. 52d ago

    DHS Secretary establishes State Citizenship List infrastructure and designates point of contact

  4. USPS Postmaster General initiates proposed rulemaking

Key directives

  • DHS Secretary to compile and transmit State Citizenship Lists to chief election officials of each State
  • State Citizenship Lists to be updated/transmitted no fewer than 60 days before each regularly scheduled Federal election
  • Attorney General to prioritize investigation and prosecution of officials issuing ballots to ineligible voters
  • Attorney General to prioritize prosecution of entities printing/producing/shipping/distributing ballots to ineligible voters
  • Postmaster General to initiate proposed USPS rulemaking within 60 days
  • Proposed rule to require unique Intelligent Mail barcodes on all outbound ballot mail
  • Proposed rule to require States to notify USPS 90 days before election if using mail-in/absentee ballots
  • Proposed rule to require USPS to maintain Mail-In and Absentee Participation Lists with unique ballot envelope identifiers
  • Final USPS rule due no later than 120 days from order date
  • DHS Secretary to establish State Citizenship List infrastructure within 90 days
  • SSA Commissioner to provide citizenship and identity data to DHS
  • Attorney General and agency heads to withhold Federal funds from noncompliant States where authorized by law

Who is ordered

Timeline

Immediate

  • Order takes effect March 31, 2026
  • Attorney General directed to prioritize election fraud prosecutions

Near term (90d)

  • USPS Postmaster General must initiate proposed rulemaking within 60 days (by May 30, 2026)
  • DHS Secretary must establish State Citizenship List infrastructure within 90 days (by June 29, 2026)
  • SSA Commissioner must provide citizenship/identity data to DHS

Long term

  • USPS must issue final rule no later than 120 days (by July 29, 2026)
  • State Citizenship Lists to be updated and transmitted no fewer than 60 days before each federal election
  • States must preserve election records for 5-year period
  • Ongoing: State Mail-In and Absentee Participation Lists with USPS

Risks & tensions

  • Privacy Act compliance tensions with cross-referencing SSA, DHS SAVE, and citizenship databases
  • Potential delays if SSA data sharing encounters legal or technical obstacles
  • State resistance to federal voter list pre-clearance model; federalism conflicts possible
  • USPS rulemaking timeline (120 days) is compressed for implementation before 2026 midterms
  • Funding withholding threat may trigger litigation under Spending Clause or anti-commandeering doctrines
  • Barcode tracking requirements could create accessibility concerns or disenfranchisement risks if implementation fails
  • Order does not specify remedy if State Citizenship List contains errors or omits eligible citizens
Executive Order 14399: Ensuring Citizenship Verification and Integrity in Federal Elections · Executive Orders