BETHLEHEM, Pa. — An executive order from President Donald Trump is setting up a legal fight over who controls U.S. elections as the midterms approach.
The order directs the Department of Homeland Security to create a list of eligible voters and ties federal funding to whether states comply. Pennsylvania Gov. Josh Shapiro and leaders from 21 other states have sued, arguing it violates states’ authority to run elections.
On this week’s episode of Lehigh Valley Political Pulse, Muhlenberg College political scientist Chris Borick said the order faces an uphill battle.
“I think, if you look historically at what the courts have said and what the decisions have come down, it's a wobbly leg to move forward on,” he said.
Borick said the case centers on federalism and the long-standing role states play in administering elections.
“States … would say that this is our domain. We get to really run the elections the way that we see fit,” he said.
He added that presidents have historically had limited power in this space.
“A lot of constitutional lawyers would say the executive, in particular, has very limited abilities historically to engage in election processes at all,” Borick said.
What is the SAVE Act?
The order follows stalled legislation in Congress known as the SAVE Act, which would require proof of citizenship to register to vote.
Borick said voter ID laws are generally popular, but stricter requirements draw less support.
“The idea that you'd have to basically prove you're a citizen to be able to vote is seen as more arduous … and possibly disenfranchising,” he said.
“The idea that you'd have to basically prove you're a citizen to be able to vote is seen as more arduous … and possibly disenfranchising."Chris Borick
He said those barriers could affect voters who lack easy access to documents.
“If it's not attainable fairly easily for folks, that is disenfranchising,” Borick said.
The issue has also become deeply partisan. The SAVE Act passed the House with near-unanimous Republican support and equal opposition from Democrats.
“This issue has become hyper partisan,” Borick said.
Despite concerns about election security, Borick said evidence of widespread fraud is limited.
“I would argue the problem is quite limited. That's just the reality,” he said.
He also pointed to a central trade-off in the debate.
“If I told you … 30,000 people … will be too arduous to be able to go through the process … is it worth it?” Borick said. “That's a normative question.”
Another concern is timing. If enacted quickly, new requirements could leave voters scrambling ahead of an election.
“Try to rush out something as dramatically impactful as the SAVE Act … that's not the way to implement a big law,” Borick said.
To learn more, watch the full episode in the video player above or subscribe to the PBS39 YouTube channel to view all of our locally produced programs.
Also keep an eye out later this month for PA7 Talks, our limited series reviewing policy with the Lehigh Valley’s Democratic Congressional candidates.
