Executive Order No. 14399. Ensuring Citizenship Verification and Integrity in Federal Elections

• Citation: 91 FR 17125
• Executive Order No.: 14399
• Published date: 03 April 2026
• Date: 31 March 2026
• FR Document: 2026-06601
• Pages: 17125-17128
• Issuer: Executive Office of the President
• Section: Presidential Documents

Presidential Documents

17125

Federal Register

Vol. 91, No. 64

Friday, April 3, 2026

Title 3—

The President

Executive Order 14399 of March 31, 2026

Ensuring Citizenship Verification and Integrity in Federal

Elections

By the authority vested in me as President by the Constitution and the

laws of the United States of America, including the Help America Vote

Act of 2002 (52 U.S.C. 20901 et seq.), the National Voter Registration Act

of 1993 (52 U.S.C. 20501 et seq.), and the Federal Government’s constitutional

obligation to guarantee a republican form of Government to every State

in the Union, U.S. Const. Art. IV, Sec. 4, it is hereby ordered:

Section 1. Purpose and Policy. The right to vote in Federal elections is

reserved exclusively for citizens of the United States under the Constitution

and Federal law. Federal statutes explicitly prohibit non-citizens from reg-

istering to vote or voting in Federal elections and impose criminal penalties

for violations. (18 U.S.C. 241; 18 U.S.C. 611; 18 U.S.C. 1015; and 52 U.S.C.

20511). The Social Security Administration (SSA) maintains records that,

in conjunction with the Department of Homeland Security’s (DHS) Systematic

Alien Verification for Entitlements (SAVE) program under 42 U.S.C. 1320b–

7, can assist in verifying identity and Federal election voter eligibility.

The Federal Government has an unavoidable duty under Article II of the

Constitution of the United States to enforce Federal law, which includes

preventing violations of Federal criminal law and maintaining public con-

fidence in election outcomes. To enhance election integrity via the United

States Mail, additional measures are necessary. Secure ballot envelope identi-

fiers provide a reliable, auditable mechanism to enforce Federal law without

unduly burdening or infringing on the rights of eligible voters. Unique

ballot envelope identifiers, such as bar codes, enable confirmation that only

citizens receive and cast ballots, reducing the risk of fraud and protecting

the integrity of Federal elections.

Sec. 2. Establishment and Transmission of State Citizenship Lists and

Prioritization of Investigations and Prosecutions Related to Election Fraud.

(a) To the extent feasible and consistent with applicable law, including

but not limited to the Privacy Act of 1974 (5 U.S.C. 552a), the Secretary

of Homeland Security, through the Director of United States Citizenship

and Immigration Services and in coordination with the Commissioner of

SSA, shall take appropriate action to compile and transmit to the chief

election official of each State a list of individuals confirmed to be United

States citizens who will be above the age of 18 at the time of an upcoming

Federal election and who maintain a residence in the subject State (State

Citizenship List). The State Citizenship List shall be derived from Federal

citizenship and naturalization records, SSA records, SAVE data, and other

relevant Federal databases. The State Citizenship List shall be updated and

transmitted to State election officials no fewer than 60 days before each

regularly scheduled Federal election, or promptly upon request by a State

in connection with any special Federal election. The Secretary of Homeland

Security shall establish procedures to (i) allow individuals to access their

individual records as well as to update or correct them in advance of

elections; and (ii) enable States to routinely supplement and provide sug-

gested modifications or amendments to the State Citizenship List transmitted

thereto. An individual’s identification on the State Citizenship List does

not indicate that the individual has been properly registered to vote in

the State. State and Federal laws and State procedures must still be followed

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for an individual to be registered to vote. There may be State laws, not

reflected in the State Citizenship List, that preclude voter registration, or

the individual may choose not to be registered.

(b) For purposes of this order, an individual is ‘‘eligible to vote in a

Federal election’’ if the individual is a citizen of the United States, 18

years of age or older by the date of the upcoming election, and otherwise

qualified under the laws of his or her State. The Attorney General shall

prioritize the investigation and, as appropriate, the prosecution of State

and local officials or any others involved in the administration of Federal

elections who issue Federal ballots to individuals not eligible to vote in

a Federal election, including under 18 U.S.C. 2(a), 18 U.S.C. 241, 18 U.S.C.

371, 18 U.S.C. 611(a), 18 U.S.C. 1001, 18 U.S.C. 1015, 52 U.S.C. 10307,

and 52 U.S.C. 20511. Similarly, the Attorney General shall prioritize the

investigation and, as appropriate, the prosecution of individuals and public

or private entities engaged in, or aiding and abetting, the printing, production,

shipment, or distribution of ballots to individuals who are not eligible to

vote in a Federal election.

Sec. 3. United States Postal Service Rulemaking on Mail-In and Absentee

Ballots. (a) The unlawful use of the mail in connection with elections

is prohibited by various Federal statutes, including 18 U.S.C. 1341, 18 U.S.C.

1708, 52 U.S.C. 10307, and 52 U.S.C. 20511.

(b) To ensure the faithful execution of Federal law, protect the integrity

of the mail as a medium for transmitting Federal election ballots and establish

uniform standards for mail-in or absentee ballot services implemented

through the United States Postal Service (USPS), the Postmaster General

is hereby directed to initiate a proposed rulemaking pursuant to 39 U.S.C.

401 and other applicable authority within 60 days of the date of this order.

The notice of proposed rulemaking shall include, at minimum, the following:

(i) Proposed provisions specifying that all outbound ballot mail must

be mailed in an envelope that:

(A) is marked as Official Election Mail, including through designated

markings provided by USPS for this purpose, such as the Official Election

Mail logo, as necessary and appropriate;

(B) is automation-compatible and bears a unique Intelligent Mail barcode,

or successor USPS technology, that facilitates tracking and is consistent

with the other requirements of this section; and

(C) has undergone a mail envelope design review by the USPS to ensure

compliance with USPS mailing standards, including barcode placement.

(ii) Proposed provisions specifying that, no fewer than 90 days prior

to a Federal election, any State may choose to notify the USPS if it

intends to allow for mail-in or absentee ballots to be transmitted by

the USPS. As part of that notification, any notifying State should further

indicate whether it intends to submit to the USPS, no fewer than 60

days before the election, a list of voters eligible to vote in a Federal

election in such State to whom the State intends to provide a mail-

in or absentee ballot to be transmitted via the USPS.

(iii) Proposed provisions specifying that the USPS shall not transmit mail-

in or absentee ballots from any individual unless those individuals have

been enrolled on a State-specific list described in subsection (b)(iv) of

this section with the USPS pursuant to this subsection.

(iv) Proposed provisions specifying that the USPS shall provide each

State with a list of individuals (Mail-In and Absentee Participation List)

who are enrolled with the USPS, pursuant to a process specified in the

rulemaking directed by this subsection, for mail-in or absentee ballots

provided by such State, along with unique ballot envelope identifiers,

such as bar codes, for mail-in or absentee ballots provided to such individ-

uals. The preparation and transmission of each State-specific Mail-In and

Absentee Participation List shall comply with the Privacy Act and all

applicable use agreements.

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(v) Proposed procedures enabling each State to routinely supplement and

provide suggested modifications or amendments to the State’s Mail-In

and Absentee Participation List in advance of any Federal election, con-

sistent with applicable State law.

(c) The USPS shall coordinate with the USPS Office of Inspector General

and the Department of Justice for investigation of suspected unlawful use

of the mail involving Federal election materials.

(d) Any final rule pursuant to this section shall be issued no later than

120 days from the date of this order.

Sec. 4. Implementation. (a) The Secretary of Homeland Security, the Commis-

sioner of SSA, and the Postmaster General shall coordinate with the Secretary

of Commerce in effectuating all relevant aspects of the implementation of

this order.

(b) The Attorney General shall enforce compliance with the applicable

Federal statutes referenced herein and provide guidance to election officials,

including any instrumentalities thereof; contractors; individuals involved

in the administration of Federal elections; or public or private entities en-

gaged in the printing, production, shipment, or distribution of ballots.

(c) The Secretary of Homeland Security shall, within 90 days of the

date of this order, establish the infrastructure necessary to compile, maintain,

and transmit the State Citizenship List described in section 2(a) of this

order, and shall designate a point of contact within DHS to receive and

process requests from individuals and State election officials regarding the

relevant State Citizenship List. The Commissioner of SSA shall provide

all necessary citizenship and identity data to the Secretary of Homeland

Security in support of this requirement, consistent with applicable law,

the Privacy Act, and all applicable use agreements.

Sec. 5. Enforcement. The Attorney General and the heads of executive depart-

ments and agencies (agencies) with relevant authority shall take all lawful

steps to deter and address noncompliance with Federal law, including with-

holding Federal funds from noncompliant States and localities where such

withholding is authorized by law. Evidence of violations of existing Federal

laws by State or local election officials; States or localities, including any

instrumentalities thereof; contractors; individuals involved in the administra-

tion of Federal elections; or public or private entities engaged in the printing,

production, shipment, or distribution of ballots may be referred to the Depart-

ment of Justice for consideration of investigation or charges under 18 U.S.C.

2(a), 18 U.S.C. 241, 18 U.S.C. 371, 18 U.S.C. 611(a), 18 U.S.C. 1001, 18

U.S.C. 1015, 52 U.S.C. 10307, and 52 U.S.C. 20511. States and localities

should preserve, for a 5-year period, all records and materials—excluding

ballots cast—evidencing voter participation in any Federal election (e.g.,

ballot envelopes, regardless of carrier).

Sec. 6. Severability. If any provision of this order, or the application of

any provision to any agency, person, or circumstance, is held to be invalid,

the remainder of this order and the application of its provisions to any

other agencies, persons, or circumstances shall not be affected thereby.

Sec. 7. General Provisions. (a) Nothing in this order shall be construed

to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency,

or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and

subject to the availability of appropriations.

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(c) This order is not intended to, and does not, create any right or benefit,

substantive or procedural, enforceable at law or in equity by any party

against the United States, its departments, agencies, or entities, its officers,

employees, or agents, or any other person.

THE WHITE HOUSE,

March 31, 2026.

[FR Doc. 2026–06601

Filed 4–2–26; 11:15 am]

Billing code 3395–F4–P

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