LANSING — President Trump issued an executive order this week attempting to deter noncitizen voting, which is already a crime under federal law.
Michigan voting rights advocates say the order unnecessarily creates new barriers to voting that would do more harm than good.
“It is inevitable that this will just create chaos in Michigan’s elections,” said Kim Murphy-Kovalick, senior director of policy and programs for Voters Not Politicians.
Michigan’s voter registration form already makes applicants acknowledge the citizenship requirement and says that those who lie on the form could face fines or prison.
Under the order, state and local election officials would be required to verify documentary proof of citizenship before allowing a ballot to be cast.
“Requiring these mandates without extra funding will result in less secure elections,” Murphy-Kovalick said. “Election security depends on adequately funded clerks and adequately funded election administration.”
Eligible documents include passports and birth certificates.
According to the State Department, only about 40% of people in Michigan have a valid passport, lower than the U.S. average of 53%.
As for birth certificates, some have shared concerns that married women or others who change their name could be unable to provide adequate proof of citizenship.
“They would face barriers, likely on election day when they go to cast their ballot,” Murphy-Kovalick said. “Getting the word out to people about this if it passes — if it comes to pass — is going to be extremely difficult,”
The order is similar to House Joint Resolution B, a Michigan constitutional amendment that would also require proof of citizenship to vote.
Supporters of that resolution say there should be stricter rules in place to ensure that only citizens are voting.
“Currently, there are no checks on citizenship other than attesting with a little box when you apply for a driver’s license, that you are a citizen — and that is not verification,” said Patrice Johnson, chair of the Michigan Fair Elections Institute. “We all know people know the law — you’re not supposed to drive past a certain speed limit, but people do,”
It does appear that Trump’s order would include Michigan’s enhanced driver’s license as proof of citizenship — but drivers must also present a passport or birth certificate to obtain that license in the first place.
Moreover, the order may be unconstitutional — Article I, Section 4 says that states control the “times, places and manner of elections.”
The Constitution does give Congress the power to override states and regulate elections nationally — but the president has no such authority.