Conservative activists are happy and left-wing pundits and lawyers are furious — again. The cause, however, is more surprising than normal. The debate this time revolves not around cultural flashpoints such as wokeness in schools or men competing in women’s sports. Rather, the clash is over legal procedures and requirements relating to a more fundamental part of American life: our electoral process. 

President Donald Trump signed his 102nd executive order, EO 14248, March 25, intending to secure American elections to the extent possible through unilateral executive action. Trump’s actions represent the crest of a tidal wave of conservative advocacy surrounding the Safeguard American Voter Eligibility Act, a legislative measure aimed at securing federal elections from non-citizen voting.

As the SAVE act gains traction in the House of Representatives, conservative election reform advocates finally have legislative and executive momentum on their side — now is the time to carry this inertia forward and cement further reforms.

While the SAVE act is admirable as initial legislation, conservative leaders should see it as opening a door, rather than checking the box of election integrity off a lengthy list of conservative legislative priorities. Contrasting Trump’s election-security executive measure with the SAVE act demonstrates the amount of ground that conservatives still must make up legislatively before the current Congress ends a little over 18 months from now. 

Trump’s order includes categorical recommendations targeted at every federally regulatable aspect of American elections. The Democratic National Committee has already joined 10 other left-wing non-governmental organizations in challenging the order in court. Attorneys general from 19 states have also sued to block the order’s implementation, including Michigan’s own Dana Nessel. 

Laying aside the question of whether it is right for federal courts to be as active as they are in reviewing presidential directives, the most efficacious elements of EO 14248 are likely to be struck down or, at the very least, blocked from effective implementation by left-leaning judges in a majority of cases. It’s no coincidence that the four main leftist challenges to the order have been brought in some of the country’s most liberal districts: one in Massachusetts, and three in the District of Columbia.

These developments ought to send a clear signal to conservative lawmakers: Executive action alone cannot mend America’s broken election system. The SAVE act represents an important first step as a popular, relatively non-controversial measure, opening the door to reform of federal election standards. But it cannot stand alone.

Congress ought to codify many key reforms from EO 14248.  Any congressional measure passed should require uniform paper ballots and hold states accountable for keeping their federal voter rolls pure should be part of. Congress should also require that ballots counted in a federal election be received by the election’s actual date, ensure identification and exclusion of foreign funds used in federal elections, and perhaps most importantly, secure Overseas Citizen and Military voting. All of these are essential elements of reform from EO 14248, which Congress should support with accompanying legislation. 

What makes enacting these reforms effectively so important is not merely some abstract question of litigative or legislative process. Rather, the question at the heart of the matter is far greater, for it is one that tests the fabric of our nation’s ideals of responsibility and justice. If the American ideal of delegated self-government is to continue sustaining itself, then each eligible citizen must be assured of the legitimacy of his vote. 

Ensuring that only legitimate votes are counted in our federal elections is crucial to safeguarding the incentive structure of individual responsibility that our government is predicated upon. Working to ensure safe and secure elections alone will not solve our nation’s many woes. However, safe and broadly trusted elections will help continued regime changes remain peaceful, extending the time which conservatives have to correct America’s course.

 

Frederick Woodward is a sophomore studying political economy.