On March 25, President Trump signed the executive order Preserving and Protecting the Integrity of American Elections. This EO is very broad and includes the restriction of access to voting by requiring proof of citizenship, changing voting standards and guidelines, removes federal funding to states for noncompliance, and prohibits foreign nationals from contributing or donating in elections. The EO is modeled after the SAVE Act (H.R. 22).

This EO not only targets the integrity of our voting system, but it also targets Oregon and our vote by mail system that continually sees a higher turnout of voters than in other parts of the country. Additionally, this EO prioritizes enforcement against lobbying by organizations or entities that have received federal funds – including nonprofits.

We are connecting with our state association colleagues and the National Council of Nonprofits for deeper analysis. The potential impacts of this EO that we are aware of include these main provisions:

  • Changes voting standards, guidelines, administration, and electronic systems.
  • Requires the mail voter registration form to require proof of citizenship.
  • Requires recording of the type of document an applicant uses as proof of citizenship.
  • Requires identification of “unqualified voters registered in the States”.
  • Requires assessment of citizenship prior to providing voter registration forms for public assistance programs.
  • Removes federal funds to states that do not comply.
  • Conditions funding for the states on “uniform and nondiscriminatory standards…that define what constitutes a vote and what will be counted as a vote.”
  • Prioritizes enforcement against foreign nationals from contributing or donating in elections.
  • Prioritizes enforcement against lobbying by organizations or entities that have received federal funds. (This includes nonprofits!)

The Executive Order contains a factually inaccurate sentence that could create concern for many nonprofits: “The Attorney General shall likewise prioritize the enforcement of 31 U.S.C. 1352, which prohibits lobbying by organizations or entities that have received any Federal funds.” In fact, federal law does not prohibit nonprofits (or businesses) that receive federal grants, contracts, or cooperative agreements from lobbying. In 1995, a member of Congress tried to get that type of broad prohibition on lobbying enacted into law, but nonprofits were successful in advocating against it. Instead, the statute referenced in that sentence of President Trump’s recent Executive Order (often known as the Byrd Amendment) merely limits nonprofits and businesses that receive federal grants, contracts, or cooperative agreements to not use these federal funds to influence other federal funding decisions. Nothing in federal law prohibits federally-funded nonprofits from policy advocacy at the federal level or from using other revenue sources to lobby Congress or federal agencies for appropriations or for the awarding, renewal, extension, or amendment of a federal grant, contract, or cooperative agreement. President Trump’s Executive Order does not change this law.

We expect this will be challenged in the courts as many of the EOs have been and continue to be. We will keep you updated as we learn more.

NAO is deeply concerned by any EOs or any government restrictions on the First Amendment right to advocate and lobby by community-based nonprofits. We want to help your nonprofit understand what you can and cannot do under the law.