Bulwark Takes: Trump’s Unconstitutional Executive Order Limiting Voters’ Rights

Episode Overview Released on March 26, 2025, Bulwark Takes delves into the implications of former President Donald Trump’s latest executive order aimed at restricting voter rights. Host Lauren Egan engages with election expert Steven Richard to dissect the order’s provisions, constitutional ramifications, and potential impact on upcoming elections.

1. Introduction to the Executive Order

Lauren Egan opens the discussion by highlighting the recent executive order signed by Donald Trump, which mandates that voters provide documented proof of citizenship during the registration process.

Lauren Egan [00:30]: "Donald Trump signed an executive order that requires people to provide documents proving they are citizens when they register to vote."

2. Detailed Breakdown of the Executive Order

Steven Richard provides a comprehensive overview of the executive order's key components, emphasizing its scope and the unprecedented nature of its issuance.

Steven Richard [01:38]: "This executive order does a number of things that really represents a federal power grab over the states and also completely cuts Congress out of a number of things that they were considering."

Key provisions discussed include:

• Proof of Citizenship: Transitioning from an attestation to mandatory documented proof.
• Mail Ballot Regulations: Changes to when and how mail ballots can be dropped off.
• Database Access: Granting the Department of Homeland Security access to statewide voter registration databases.
• Investigation Authority: Empowering the Attorney General to investigate potential voter fraud.
• Elections Assistance Commission (EAC): Implementing technical adjustments affecting the EAC’s operations.

3. Constitutional Concerns and Separation of Powers

Egan and Richard delve into the constitutional issues raised by the executive order, particularly focusing on Article 1, Section 4 of the U.S. Constitution, which delineates state powers over election regulations and Congressional oversight.

Lauren Egan [03:17]: "Article 1, Section 4, that states have the power to regulate time and place, manner of elections, and that it's Congress that can step in and override those laws. There is nothing in there about the president or an executive order."

Steven Richard [03:45]: "This executive order represents a standardization of election rules saying states can and can't do some things. And so that, again, that's a departure from what has been done."

4. Implications for Voter Registration and Rights

The conversation shifts to the practical effects of requiring documented proof of citizenship. Richard uses Arizona as a case study to illustrate the potential outcomes of the executive order.

Steven Richard [05:05]: "In Arizona... 99.6% of registrants were able to easily provide documented proof of citizenship because increasingly this is just incorporated into real ID."

He notes that while the majority would comply seamlessly, approximately 0.4% might be disenfranchised due to lack of documentation, raising concerns among voting rights advocates.

5. Republican Response and Congressional Roles

Egan questions why the executive order bypassed Congress, especially when the legislative branch was actively debating similar measures like the SAVE Act.

Lauren Egan [07:09]: "This is going through the normal process in our lawmaking branch. Now, the frustrating thing to me is that the Congress, especially Republican members of the Congress, don't seem all that frustrated by the usurpation of their authority under Article 1 of the Constitution."

Steven Richard [07:09]: "Republicans… seem totally fine just handing it all over to the President. But I think that's constitutionally problematic, and I also don't think it's good governance."

6. Potential Legal Challenges and Short-Term Consequences

The duo anticipates immediate legal battles and logistical chaos, particularly concerning imminent elections in states like Florida and Arizona.

Lauren Egan [08:30]: "There will almost certainly be lawsuits against this."

Steven Richard [09:24]: "Various public interest groups will file and ask for a temporary restraining order... we have to quickly figure out how a state like Florida can enact this such that people can participate in its special federal elections."

Richard underscores the uncertainty and confusion that election officials will face, disrupting the established administration and potentially undermining election integrity.

7. Impact on Upcoming Elections

The executive order’s timing coincides with critical elections, adding layers of complexity and potential disenfranchisement.

Steven Richard [09:16]: "Florida has two special elections coming up to replace departed House members. Arizona just had a member of the U.S. house die. And so we'll have to have a special election to replace him. So this isn't like a 2026 process."

8. Trump’s Narrative on Election Fraud

Egan probes the alignment of the executive order with Trump’s persistent claims of election fraud, questioning its necessity given recent election confidence levels.

Lauren Egan [10:18]: "We've had a lot of conversations about Trump's fixation on election fraud… especially when he's sitting in the White House saying that this, he's signing this to get rid of fraudulent elections."

Steven Richard [10:40]: "I thought we'd solved it... election confidence in our elections, even among Republicans, is very high right now."

Richard expresses skepticism about the purported need for the executive order, suggesting it may be more about consolidating political influence than addressing genuine electoral concerns.

9. Conclusion and Final Thoughts

Wrapping up, Richard reiterates his concerns about the executive order's constitutionality and governance implications, cautioning against the precedent it sets for future administrations.

Steven Richard [12:12]: "What they are doing is throwing things into disarray and making election officials wonder and have to follow court cases so that they can even know what the heck they're doing."

Final Remarks Lauren Egan thanks Steven Richard for his insights, highlighting the episode's thorough examination of the executive order's multifaceted impact on American democracy.

Key Takeaways:

• Federal vs. State Authority: The executive order challenges the traditional balance of power, centralizing election regulations at the federal level.
• Voter Documentation: While intended to prevent fraud, the mandate for documented citizenship proof could disenfranchise a small percentage of voters.
• Legal and Logistical Hurdles: Immediate legal challenges and operational chaos are anticipated, especially for upcoming elections.
• Political Motivations: The order may serve Trump’s longstanding narrative on election integrity, despite high confidence levels in recent electoral processes.

Notable Quotes:

• Lauren Egan [00:30]: Introduction of the executive order requiring citizenship proof for voter registration.
• Steven Richard [01:38]: Overview of the executive order as a federal power grab bypassing Congress.
• Lauren Egan [03:17]: References to constitutional provisions regarding election regulation.
• Steven Richard [05:05]: Insights from Arizona’s experience with citizenship documentation.
• Steven Richard [07:09]: Critique of Republicans’ acceptance of presidential overreach.
• Steven Richard [09:24]: Anticipation of legal challenges affecting upcoming elections.
• Steven Richard [10:40]: Doubts about the necessity of the executive order given recent election confidence.

This episode of Bulwark Takes offers a critical analysis of Trump’s executive order, emphasizing its constitutional challenges, potential to disrupt electoral processes, and the broader implications for federalism and voter rights in the United States.