Coloradans would have to prove their American citizenship in order to register to vote, under a new executive order from President Donald Trump.
That’s a reversal from the current approach, in which the state is responsible for verifying citizenship via a number of government databases, including drivers’ licenses and Social Security numbers.
It’s one of numerous changes the order demands of states, with implications Colorado’s election officials are still struggling to understand.
“Honestly, we don’t know the exact effect at this point,” Secretary of State Jena Griswold. “This puts a tremendous amount of pressure on the state, because it could affect funding, it could affect all different aspects (of voting). And honestly, it is so ambiguous and vague that we really do need answers soon.”
Even as her staff is trying to sort out the practical implications of the order, Griswold, a Democrat, condemned it as “illegal” and said she expects states to challenge it in court.
In its stated purpose, President Trump’s order asserts, “States fail adequately to vet voters' citizenship, and, in recent years, the Department of Justice has failed to prioritize and devote sufficient resources for enforcement of these provisions.”
It directs the Federal Election Commission to withhold funding from any state that doesn’t come into compliance with the new policies.
If it goes into effect, people would have to provide documentary proof of citizenship, like a passport, military ID or a REAL ID-compliant driver’s license, when they fill out federal voter registration forms.
Colorado licenses meet the REAL ID qualifications, but their current design doesn’t distinguish whether the person is a citizen or a legal permanent resident, so Griswold believes they wouldn’t meet the criteria.
“This is just one of the many aspects that we are deep-diving into to determine how aspects of this executive order actually apply to the administration of elections in Colorado,” Griswold said.
Another section of the order bars states from counting mail-in ballots received after Election Day unless they come from military or overseas voters. That restriction matches Colorado’s current practice.
Congressional Republicans have been trying to make similar charges to the election policy but that effort stalled out last year. They argue these steps are necessary to restore public confidence in elections. Voting by noncitizens is already illegal, incredibly rare, and can result in felony charges and deportation.
“I applaud President Trump’s executive order requiring proof of U.S. citizenship to register to vote,” said GOP state Sen. Mark Baisley of Woodland Park. “This is the very foundation of democracy, and it deserves that level of integrity. I dismiss the cries that this would prevent some American citizens from voting.” Baisley is also a candidate for governor.
He went on to criticize Democratic policymakers for worrying about potential impacts on election access at the same time the legislature is advancing bills he believes infringe on Second Amendment rights.
The order is very likely to face legal challenges from states. Article 1 of the Constitution gives states, not the federal government, authority over the “times, places and manner” of how elections are run.
A spokesperson for Colorado Attorney General Phil Weiser, a Democrat, said the office is reviewing the executive order and “weighing our options.”
