President Donald Trump signed an executive order Tuesday that makes a wide-ranging attack on democratic rights, combining voter suppression and attacks on immigrants. The order bears the title, “Preserving and Protecting the Integrity of American Elections,” but it would be better named, “Promoting the Myth of the ‘Stolen Election’ and Undermining Birthright Citizenship.”
Of the dozens and dozens of executive orders signed by Trump since he took office January 20, the election order might be the most brazenly illegal and unconstitutional. The US Constitution gives the president zero role in the administration and oversight of elections, assigning that power to the states, but subordinating their actions to legislation passed by Congress, as with the Voting Rights Act of 1965.
The executive order seeks to evade this obvious Constitutional difficulty by using the Election Assistance Commission (EAC), an independent federal agency set up in the aftermath of the 2000 presidential election to provide federal support to the administration of elections by the states, including assistance in ballot design (after the infamous “butterfly ballot” helped the Republicans steal the presidential election in Florida) and limited financial support for equipment modernization.
Yeah there’s already a lawsuit against it, citing it as unconstitutional.