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State and Local Role in Elections Policy: Selected Recent Developments

CRS (Congress) · Karen L. Shanton ·

Executive Summary

This report details recent executive orders and federal agency actions impacting state and local election policies in the U.S. It covers changes related to voter registration, absentee voting, voting systems, and election records, many of which have faced legal challenges and implementation issues. The Department of Defense and FEMA are involved in some of these directives.

Why It Matters

Federal executive actions and agency directives significantly influence state and local election administration, impacting voter access, election security, and the integrity of the democratic process.

Key Takeaways

  • Recent executive orders from President Trump in 2025 and 2026 have introduced federal directives aimed at influencing state and local election administration, covering aspects like voter registration, absentee voting, and voting systems.
    Source evidence · PDF page 1
    President Donald Trump signed executive orders (EOs) in March 2025 and March 2026 that include provisions related to state and local administration of elections.
  • These directives include specific requirements, such as the Department of Defense supplementing voter registration forms with proof-of-citizenship requirements for military and overseas voters, and DHS/FEMA conditioning grant access on certain election policy changes.
    Source evidence · PDF page 1
    One provision of the EO directs the Department of Defense (now using a secondary Department of War designation) to supplement the FPCA’s attestations with requirements to provide documentary proof of citizenship and proof of eligibility.
  • Many of the proposed federal changes, including those related to ballot receipt deadlines and voting system requirements, have faced legal challenges and implementation difficulties, leading to pauses or rescissions of policies.
    Source evidence · PDF page 2
    To access their full allocations under the grant programs, the NOFO indicates, states and localities would have to submit a plan for transitioning from voting systems that use barcodes or QR codes to count votes to systems with hand-marked paper ballots, including a timeline for eliminating BMDs.

Strategic Relevance

The document highlights the ongoing tension between federal and state authority in election administration, a critical aspect of national governance and democratic stability. Federal attempts to standardize or influence state election policies, particularly concerning voter eligibility and system security, have significant implications for political power dynamics and public trust in elections. The involvement of defense and security agencies underscores the perceived national security dimension of election integrity.

Source Website View PDF

Key Entities

Donald TrumpDepartment of DefenseDepartment of JusticeDepartment of Homeland SecurityFEMAElection Assistance CommissionU.S. Citizenship and Immigration ServicesU.S. Postal ServiceSupreme CourtCongress

Best For

PolicymakersElection OfficialsLegal ScholarsPolitical AnalystsJournalists

Related Themes

Election IntegrityFederalismVoter RightsHomeland SecurityExecutive Power

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