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On March 25, 2025 the White House issued a sweeping and alarming executive order (EO) titled, “Preserving and Protecting The Integrity of American Elections,” that would have a chilling effect on voting rights nationwide. The EO also contains provisions that directly seek to suppress lobbying by nonprofits that receive federal funds. NPR’s recap of the election/voting provisions is here, here is a writeup from the Associated Press, and a short summary appears below.
Voting and Elections
The order would require individuals to provide “documentary proof of United States citizenship,” defined in the EO as a U.S. passport, Real ID, military ID, or other valid Federal or State photo ID, so long as these documents indicate whether the individual is a U.S. citizen. (A birth certificate is not listed in the EO as valid proof of citizenship; this omission may be connected to Administration’s efforts to end birthright citizenship, which are already on hold due to a court ruling.)
The order would require mailed ballots to be received by Election Day – not just postmarked, as is currently permitted in New Jersey and many other states – in order to be counted. It would prohibit states from using barcodes or QR codes to count ballots in federal election; direct the U.S. Department of Justice to coordinate with state elections officials to prioritize prosecution of election crimes, including election fraud. It directs the U.S. Department of Justice to prioritize enforcement of a federal law that makes it illegal for foreign nationals to make financial contributions to influence U.S. elections, and threatens loss of federal election funding to states that fail to follow the rules set forth in the Executive Order.
The EO is very similar (though not identical) to a bill currently pending in the U.S. House of Representatives (the Safeguard American Voter Eligibility Act or SAVE Act), which would amend federal election laws to require documentary proof of U.S. citizenship for voting. While the U.S. House of Representatives may take up the SAVE Act this spring, it is unlikely to gain the 60 votes needed to withstand a filibuster and pass in the U.S. Senate.
Election law changes have been a long-stated priority for the Trump Administration, despite actual voter fraud in the U.S. being exceedingly rare. At least four lawsuits have already been filed to challenge the voting and election provisions of the EO, and other suits may be in the works as well.
Efforts to curtail nonprofit advocacy
The EO has been widely publicized for the many alarming provisions that would affect eligibility and access to voting and how votes get counted. Less publicized, but of particular importance to nonprofits is a provision in the EO that seeks to silence federally funded nonprofits from engaging in lobbying, even with PRIVATE funds.
The provision is embedded in a larger paragraph that directs prioritized enforcement of laws designed to prevent foreign interference in U.S. elections. The one-sentence directive reads, “The Attorney General shall likewise prioritize enforcement of 31 U.S.C. 1352, which prohibits lobbying by organizations or entities that have received any Federal funds.”
This provision in the EO alleges, incorrectly, that current law prohibits nonprofits that receive federal funds from lobbying. Actually, the law (commonly known as the "Byrd Amendment") only prohibits the use of federal funds to lobby on the awarding of federal grants, contracts or loans. The Byrd Amendment does not prohibit lobbying with private dollars. Other regulations do generally ban the use of federal funds for influencing legislation, but 501(c)(3) public charities are not prohibited from using their private funds by 501(c)(3) public charities to lobby, and the new executive order does not change that.
This attempt to silence privately funded speech contradicts longstanding law, if not the Constitution. However, it is reminiscent of repeated attempts by Congress in the 1990’s – efforts that failed, thanks to vigorous nonprofit advocacy - to enact that very thing, essentially barring government-funded nonprofits from lobbying with private funds.
Ongoing vigilance and advocacy are critical. We will continue to watch and share new developments, and we will keep champion nonprofits’ vital work and voice.
If you receive any notifications from your federal government funders regarding advocacy or lobbying in connection with this executive order, please let us know.
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