Trump Voter ID Threat Condemned as 'Unconstitutional'
"The Constitution gives this authority to the states and Congress, not you!" said the head of Democracy Defenders Fund, threatening a lawsuit.
US President Donald Trump continued his "authoritarian takeover of our election system" over the weekend, threatening an executive order requiring every voter to present identification, which experts swiftly denounced as clearly "unconstitutional."
"Voter I.D. Must Be Part of Every Single Vote. NO EXCEPTIONS!" Trump wrote on his Truth Social platform late Saturday. "I Will Be Doing An Executive Order To That End!!! Also, No Mail-In Voting, Except For Those That Are Very Ill, And The Far Away Military. USE PAPER BALLOTS ONLY!!!"
Less than two weeks ago, Trump declared on the platform that "I am going to lead a movement to get rid of MAIL-IN BALLOTS, and also, while we're at it, Highly 'Inaccurate,' Very Expensive, and Seriously Controversial VOTING MACHINES." He claimed, without evidence, that voting by mail leads to "MASSIVE VOTER FRAUD," and promised to take executive action ahead of the 2026 midterms.
Those posts came as battles over his March executive order (EO), "Preserving and Protecting the Integrity of American Elections," are playing out in federal court. The measure was largely blocked by multiple district judges, but the president is appealing.
Trump's voter ID post provoked a new threat of legal action to stop his unconstitutional attacks on the nation's election system.
"Go ahead, make my day Mr. Trump," said Norm Eisen, who co-founded Democracy Defenders Fund and served as White House special counsel for ethics and government reform during the Obama administration.
"We at Democracy Defenders Fund immediately sued you and got an injunction on your first voting EO," he noted. "We will do the same here if you try it again. The Constitution gives this authority to the states and Congress, not you!"
In addition to pointing out that Trump is "an absentee voter himself," Democracy Docket explained Sunday that "the US Constitution gives the states the primary authority to regulate elections, while empowering Congress to 'at any time by Law make or alter such Regulations.' The Framers never considered authorizing the president to oversee elections."
According to the National Conference of State Legislatures: "Thirty-six states have laws requesting or requiring voters to show some form of identification at the polls. The remaining 14 states and Washington, DC use other methods to verify the identity of voters."
Those laws already prevent Americans from participating in elections, according to the Brennan Center for Justice at New York University School of Law.
"Overly burdensome photo ID requirements block millions of eligible American citizens from voting," the center's voter ID webpage says. "As many as 11% of eligible voters do not have the kind of ID that is required by states with strict ID requirements, and that percentage is even higher among seniors, minorities, people with disabilities, low-income voters, and students."
