ACLU Comment on Supreme Court Action on Ohio Early Voting

WASHINGTON, D.C. — The American Civil Liberties Union condemns the U.S. House of Representatives’ passage of the SAVE Act, legislation that would require in-person documentary proof of citizenship to register to vote—an unnecessary and discriminatory measure that would effectively end online and mail voter registration, disenfranchise millions of eligible voters and destabilize election administration nationwide. The SAVE Act echoes failed and unconstitutional laws like Kansas’s proof of citizenship requirement, which purged over 30,000 eligible voters and was struck down in federal court. This legislation would especially harm naturalized citizens, voters with low incomes, voters of color, Native American voters, rural voters, and first-time voters—many of whom lack easy access to a passport or birth certificate. It would also threaten the voting rights of as many as 69 million women who have taken their spouse’s name but whose birth certificate does not match. By demanding burdensome documentation and triggering erroneous voter roll purges, the SAVE Act also threatens the ability of even long-time registered voters to stay on the rolls and participate in elections. In a statement, Molly McGrath, director of the ACLU’s national democracy campaigns, said: “The SAVE Act is a dangerous and unnecessary attack on voting rights that could block millions of eligible citizens from voting. We are already challenging President Trump’s unconstitutional executive order that seeks to impose similar restrictions through the Election Assistance Commission—an illegal overreach that threatens to upend our elections. This isn’t about protecting voters or our elections, it’s about politicians who want to protect themselves and pick and choose their voters. But that’s not how democracy works. The Senate must reject this bill and instead ensure that every eligible citizen can easily cast their ballot.” The ACLU urges the U.S. Senate to reject the SAVE Act and reaffirm its commitment to a fair, inclusive, and accessible democracy for all Americans.

WASHINGTON, D.C. — A coalition of voting rights organizations filed a lawsuit in the U.S. District Court for the District of Columbia to challenge President Trump’s unlawful executive order on voting that attempts to seize the power to set voter registration rules from Congress and the states, and doing so in a way that would violate federal law and the Constitution if carried out by the Election Assistance Commission (EAC). Key provisions of Trump’s order could disenfranchise millions of eligible voters, particularly voters of color, women voters, naturalized citizens, voters with disabilities, voters with low incomes, and first-time voters. The Constitution specifies that Congress and the states can set the rules for our elections, not the President. On March 27, several of the groups also sent a letter to the EAC urging them not to take action in response to key provisions in the executive order, as doing so would violate federal law. The National League of Women Voters, League of Women Voters of Arizona, League of Women Voters Education Fund, OCA - Asian Pacific American Advocates, Asian and Pacific Islander American Vote, Hispanic Federation, and NAACP are represented by the American Civil Liberties Union, ACLU of D.C., Brennan Center for Justice at NYU Law, the Legal Defense Fund, LatinoJustice PRLDEF, and Asian Americans Advancing Justice – AAJC (Advancing Justice – AAJC). The groups are challenging the order’s usurpation of powers, including its directive for the U.S. Election Assistance Commission to change the federal voter registration form to require burdensome submission of documents to prove citizenship, which many Americans do not have or cannot readily acquire. Under existing law, registrants already have to swear to their citizenship under penalty of perjury, and there is no evidence that non-citizens are registering to vote at significant rates. The coalition released the following joint statement about the lawsuit, League of Women Voters et. al. v. Trump et. al.: “The president has no constitutional or statutory authority to unilaterally dictate how elections are run. This executive order is a blatant violation of the separation of powers. Election rules are decided by Congress and the states, and any attempt by the executive branch to override their power violates the Constitution. This order, based on a persistent false and racialized narrative, could disenfranchise millions of eligible voters. It mirrors the SAVE Act, which would add unnecessary barriers to voter registration and silence the voices of American citizens. These unlawful attacks on voting rights are part of a broader effort to undermine our democracy. We have filed suit to stop this executive order and to keep it from interfering with eligible voters’ participation in our elections.”

On March 25, 2025, in a sweeping and unprecedented Executive Order, President Trump attempted to usurp the power to regulate federal elections from Congress and the States. Among other things, the Executive Order directs the Election Assistance Commission—an agency that Congress specifically established to be bipartisan and independent—to require voters to show a passport or other citizenship documentation in order to register to vote in federal elections. If implemented, the Executive Order would threaten the ability of millions of eligible Americans to register and vote and upend the administration of federal elections. On behalf of leading voter registration organizations and advocacy organizations, the ACLU and co-counsel filed a lawsuit to block the Executive Order as an unconstitutional power grab.

WASHINGTON, D.C. — The American Civil Liberties Union condemns President Donald Trump's executive order signed today, which aims to upend U.S. elections and disenfranchise millions of eligible voters. This directive represents a significant overreach of executive power and poses a direct threat to the fundamental right to vote. The executive order directs the Election Assistance Commission to change the national mail voter registration form to require documentary proof of citizenship, such as a passport, to register to vote. The order also attempts to force states to enact documentary proof of citizenship requirements and to stop counting absentee and mail-in ballots received after Election Day in accordance with state law by threatening to withhold federal funding. Sophia Lin Lakin, the director of the ACLU’s Voting Rights Project, released the following response: “​President Trump's executive order attempting to require documentary proof of citizenship for voter registration and restrict the acceptance of mail-in ballots received after Election Day, among other measures, is a blatant overreach that threatens to disenfranchise tens of millions of eligible voters. This measure will no doubt disproportionately impact historically-excluded communities, including voters of color, naturalized citizens, people with disabilities, and the elderly, by pushing unnecessary barriers to the fundamental right to vote. We deserve better than elected officials weaponizing xenophobia and the myth of voter fraud to jeopardize our rights. We will do everything in our power to stop this unconstitutional attack on the right to vote to ensure that every eligible American can participate in our democracy. We will see President Trump in court.”