Presidential DocumentExecutive Order 143992026-06601
Ensuring Citizenship Verification and Integrity in Federal Elections
Primary source
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Published
April 3, 2026
Signed
March 31, 2026
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 91 Issue 64 (Friday, April 3, 2026)</title>
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[Federal Register Volume 91, Number 64 (Friday, April 3, 2026)]
[Presidential Documents]
[Pages 17125-17128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06601]
[[Page 17123]]
Vol. 91
Friday,
No. 64
April 3, 2026
Part III
The President
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Executive Order 14399--Ensuring Citizenship Verification and Integrity
in Federal Elections
Presidential Documents
Federal Register / Vol. 91 , No. 64 / Friday, April 3, 2026 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 17125]]
Executive Order 14399 of March 31, 2026
Ensuring Citizenship Verification and Integrity
in Federal Elections
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Help America Vote Act of 2002
(52 U.S.C. 20901 et seq.), the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.), and
the Federal Government's constitutional obligation to
guarantee a republican form of Government to every
State in the Union, U.S. Const. Art. IV, Sec. 4, it is
hereby ordered:
Section 1. Purpose and Policy. The right to vote in
Federal elections is reserved exclusively for citizens
of the United States under the Constitution and Federal
law. Federal statutes explicitly prohibit non-citizens
from registering to vote or voting in Federal elections
and impose criminal penalties for violations. (18
U.S.C. 241; 18 U.S.C. 611; 18 U.S.C. 1015; and 52
U.S.C. 20511). The Social Security Administration (SSA)
maintains records that, in conjunction with the
Department of Homeland Security's (DHS) Systematic
Alien Verification for Entitlements (SAVE) program
under 42 U.S.C. 1320b-7, can assist in verifying
identity and Federal election voter eligibility.
The Federal Government has an unavoidable duty under
Article II of the Constitution of the United States to
enforce Federal law, which includes preventing
violations of Federal criminal law and maintaining
public confidence in election outcomes. To enhance
election integrity via the United States Mail,
additional measures are necessary. Secure ballot
envelope identifiers provide a reliable, auditable
mechanism to enforce Federal law without unduly
burdening or infringing on the rights of eligible
voters. Unique ballot envelope identifiers, such as bar
codes, enable confirmation that only citizens receive
and cast ballots, reducing the risk of fraud and
protecting the integrity of Federal elections.
Sec. 2. Establishment and Transmission of State
Citizenship Lists and Prioritization of Investigations
and Prosecutions Related to Election Fraud. (a) To the
extent feasible and consistent with applicable law,
including but not limited to the Privacy Act of 1974 (5
U.S.C. 552a), the Secretary of Homeland Security,
through the Director of United States Citizenship and
Immigration Services and in coordination with the
Commissioner of SSA, shall take appropriate action to
compile and transmit to the chief election official of
each State a list of individuals confirmed to be United
States citizens who will be above the age of 18 at the
time of an upcoming Federal election and who maintain a
residence in the subject State (State Citizenship
List). The State Citizenship List shall be derived from
Federal citizenship and naturalization records, SSA
records, SAVE data, and other relevant Federal
databases. The State Citizenship List shall be updated
and transmitted to State election officials no fewer
than 60 days before each regularly scheduled Federal
election, or promptly upon request by a State in
connection with any special Federal election. The
Secretary of Homeland Security shall establish
procedures to (i) allow individuals to access their
individual records as well as to update or correct them
in advance of elections; and (ii) enable States to
routinely supplement and provide suggested
modifications or amendments to the State Citizenship
List transmitted thereto. An individual's
identification on the State Citizenship List does not
indicate that the individual has been properly
registered to vote in the State. State and Federal laws
and State procedures must still be followed
[[Page 17126]]
for an individual to be registered to vote. There may
be State laws, not reflected in the State Citizenship
List, that preclude voter registration, or the
individual may choose not to be registered.
(b) For purposes of this order, an individual is
``eligible to vote in a Federal election'' if the
individual is a citizen of the United States, 18 years
of age or older by the date of the upcoming election,
and otherwise qualified under the laws of his or her
State. The Attorney General shall prioritize the
investigation and, as appropriate, the prosecution of
State and local officials or any others involved in the
administration of Federal elections who issue Federal
ballots to individuals not eligible to vote in a
Federal election, including under 18 U.S.C. 2(a), 18
U.S.C. 241, 18 U.S.C. 371, 18 U.S.C. 611(a), 18 U.S.C.
1001, 18 U.S.C. 1015, 52 U.S.C. 10307, and 52 U.S.C.
20511. Similarly, the Attorney General shall prioritize
the investigation and, as appropriate, the prosecution
of individuals and public or private entities engaged
in, or aiding and abetting, the printing, production,
shipment, or distribution of ballots to individuals who
are not eligible to vote in a Federal election.
Sec. 3. United States Postal Service Rulemaking on
Mail-In and Absentee Ballots. (a) The unlawful use of
the mail in connection with elections is prohibited by
various Federal statutes, including 18 U.S.C. 1341, 18
U.S.C. 1708, 52 U.S.C. 10307, and 52 U.S.C. 20511.
(b) To ensure the faithful execution of Federal
law, protect the integrity of the mail as a medium for
transmitting Federal election ballots and establish
uniform standards for mail-in or absentee ballot
services implemented through the United States Postal
Service (USPS), the Postmaster General is hereby
directed to initiate a proposed rulemaking pursuant to
39 U.S.C. 401 and other applicable authority within 60
days of the date of this order. The notice of proposed
rulemaking shall include, at minimum, the following:
(i) Proposed provisions specifying that all outbound ballot mail must be
mailed in an envelope that:
(A) is marked as Official Election Mail, including through designated
markings provided by USPS for this purpose, such as the Official Election
Mail logo, as necessary and appropriate;
(B) is automation-compatible and bears a unique Intelligent Mail barcode,
or successor USPS technology, that facilitates tracking and is consistent
with the other requirements of this section; and
(C) has undergone a mail envelope design review by the USPS to ensure
compliance with USPS mailing standards, including barcode placement.
(ii) Proposed provisions specifying that, no fewer than 90 days prior to a
Federal election, any State may choose to notify the USPS if it intends to
allow for mail-in or absentee ballots to be transmitted by the USPS. As
part of that notification, any notifying State should further indicate
whether it intends to submit to the USPS, no fewer than 60 days before the
election, a list of voters eligible to vote in a Federal election in such
State to whom the State intends to provide a mail-in or absentee ballot to
be transmitted via the USPS.
(iii) Proposed provisions specifying that the USPS shall not transmit mail-
in or absentee ballots from any individual unless those individuals have
been enrolled on a State-specific list described in subsection (b)(iv) of
this section with the USPS pursuant to this subsection.
(iv) Proposed provisions specifying that the USPS shall provide each State
with a list of individuals (Mail-In and Absentee Participation List) who
are enrolled with the USPS, pursuant to a process specified in the
rulemaking directed by this subsection, for mail-in or absentee ballots
provided by such State, along with unique ballot envelope identifiers, such
as bar codes, for mail-in or absentee ballots provided to such individuals.
The preparation and transmission of each State-specific Mail-In and
Absentee Participation List shall comply with the Privacy Act and all
applicable use agreements.
[[Page 17127]]
(v) Proposed procedures enabling each State to routinely supplement and
provide suggested modifications or amendments to the State's Mail-In and
Absentee Participation List in advance of any Federal election, consistent
with applicable State law.
(c) The USPS shall coordinate with the USPS Office
of Inspector General and the Department of Justice for
investigation of suspected unlawful use of the mail
involving Federal election materials.
(d) Any final rule pursuant to this section shall
be issued no later than 120 days from the date of this
order.
Sec. 4. Implementation. (a) The Secretary of Homeland
Security, the Commissioner of SSA, and the Postmaster
General shall coordinate with the Secretary of Commerce
in effectuating all relevant aspects of the
implementation of this order.
(b) The Attorney General shall enforce compliance
with the applicable Federal statutes referenced herein
and provide guidance to election officials, including
any instrumentalities thereof; contractors; individuals
involved in the administration of Federal elections; or
public or private entities engaged in the printing,
production, shipment, or distribution of ballots.
(c) The Secretary of Homeland Security shall,
within 90 days of the date of this order, establish the
infrastructure necessary to compile, maintain, and
transmit the State Citizenship List described in
section 2(a) of this order, and shall designate a point
of contact within DHS to receive and process requests
from individuals and State election officials regarding
the relevant State Citizenship List. The Commissioner
of SSA shall provide all necessary citizenship and
identity data to the Secretary of Homeland Security in
support of this requirement, consistent with applicable
law, the Privacy Act, and all applicable use
agreements.
Sec. 5. Enforcement. The Attorney General and the heads
of executive departments and agencies (agencies) with
relevant authority shall take all lawful steps to deter
and address noncompliance with Federal law, including
withholding Federal funds from noncompliant States and
localities where such withholding is authorized by law.
Evidence of violations of existing Federal laws by
State or local election officials; States or
localities, including any instrumentalities thereof;
contractors; individuals involved in the administration
of Federal elections; or public or private entities
engaged in the printing, production, shipment, or
distribution of ballots may be referred to the
Department of Justice for consideration of
investigation or charges under 18 U.S.C. 2(a), 18
U.S.C. 241, 18 U.S.C. 371, 18 U.S.C. 611(a), 18 U.S.C.
1001, 18 U.S.C. 1015, 52 U.S.C. 10307, and 52 U.S.C.
20511. States and localities should preserve, for a 5-
year period, all records and materials--excluding
ballots cast--evidencing voter participation in any
Federal election (e.g., ballot envelopes, regardless of
carrier).
Sec. 6. Severability. If any provision of this order,
or the application of any provision to any agency,
person, or circumstance, is held to be invalid, the
remainder of this order and the application of its
provisions to any other agencies, persons, or
circumstances shall not be affected thereby.
Sec. 7. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 17128]]
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
March 31, 2026.
[FR Doc. 2026-06601
Filed 4-2-26; 11:15 am]
Billing code 3395-F4-P
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</html>Indexed from Federal Register on April 3, 2026.
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