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Table of Contents

1. The Shadow of Elections Targeted by Trump's 'OBBBA Act'

2. Why Election Manipulation Wasn't Punished

3. 'Unsupervised Technology' is the Enemy of Democracy

4. Whose Responsibility is Election Monitoring?

5. South Korea, Redesign Your Electoral System

"We will now create a new system that is 'beautiful and just,' one that is no longer fooled by fraudulent elections."

On July 4, 2025, American Independence Day. At a rally of supporters held in Palm Beach, Florida, President Donald Trump signed the 'One Big Beautiful Bill Act (hereinafter referred to as OBBBA)' into effect. Amidst the Republican Party's traditional policy of tax cuts and welfare reductions, the provisions for a comprehensive overhaul of the electoral system included in this bill garnered particular attention.

Trump emphasized that the OBBBA was a means of "restoring electoral justice," proposing and signing it himself. This bill is interpreted as more than just a law; it is a political declaration, a Republican consolidation strategy, and an attempt to fundamentally alter the future presidential election landscape.

After his defeat in the 2020 US presidential election, Trump continued to claim the possibility of election manipulation and led the 'Stop the Steal' movement. Numerous lawsuits were filed, but most were dismissed due to insufficient evidence or legal limitations.

Nevertheless, Trump did not waver in his claims. After reversing his decision not to run in the 2024 election, he re-emerged to the forefront. And in July 2025, he intervened in the system in earnest by signing the OBBBA. Within the popular message of "no longer being fooled," it was a measure embodying the will to legally reform the electoral system.

At the signing ceremony, Trump stated, "It is now time for the people, not us, to protect the elections," identifying mail-in voting, voting without identification, and reliance on electronic vote tabulation machines as weak points in American democracy.

Key Provisions of OBBBA... Blocking Loopholes in Elections Through Law

1. Prohibition of Mail-in Voting in Principle

Mail-in voting, conducted on a large scale during the COVID-19 pandemic, reflected the perception that it "opened the possibility of manipulation." Exceptions are limited to military personnel, individuals with disabilities, and those residing abroad, effectively banning mail-in voting for general voters.

2. Mandatory Real Name and Photo Identification for Voters

All voters must present a photo ID, such as a Real ID or passport, which will also be linked to federal voter registration. This expands regulations previously implemented only in some states to a federal law.

3. Abolition of Electronic Vote Tabulation Machines and Prioritization of Manual Counting

The reliance on electronic vote tabulation machines, such as the Dominion system, has been reduced, and manual voting and counting have been made the principle. This is justified by the intention to preemptively block potential malfunctions or hacking of machines.

4. Enhanced Third-Party Monitoring

External monitoring systems, including the installation of 24-hour CCTV at polling stations, simultaneous deployment of observers by political parties, and the formation of civilian monitoring groups, have been mandated to increase transparency.

5. Criminalization of Election Crimes as Felonies

Criminal penalty provisions have been introduced, allowing for imprisonment, permanent disqualification from public office, and suspension of civil rights for public officials or party officials involved in election manipulation.

Legal Validity... Limits of Federal Authority

However, the extent to which the OBBBA will be effective is still debated. This is because elections in the United States fall under state-level authority, not federal. Criticism has been raised that the federal government forcing identical electoral regulations nationwide could exceed its constitutional authority.

The Washington Post, in an editorial, pointed out, "The OBBBA clearly includes elements that go beyond federal authority and will ultimately lead to constitutional lawsuits." Indeed, states with Democratic governors have declared non-compliance, citing "infringement of sovereignty."

Conversely, some argue that the OBBBA has legal efficacy in that it provides a basis for investigation and prosecution by federal investigative agencies such as federal courts, federal prosecutors, and the FBI.

However, as ex post facto legislation is prohibited under general principles of criminal law, the OBBBA cannot be directly applied to election cases in 2020 or 2022. It can only serve as a basis for response in the event of similar incidents in the future.

System vs. Politics... The Path to Restoring Election Trust

Ultimately, the OBBBA is also a declaration of Trump's political comeback. The "beautiful and just elections" he speaks of imply not just technical transparency, but also the restoration of political trust.

The feasibility of the OBBBA depends on democratic consensus, including judicial decisions, cooperation from state governments, and the consent of voters.

A Warning to Korea... Systems Do Not Operate on Trust Alone

The enactment of the OBBBA this time offers implications for Korea as well, as it went beyond simply raising suspicions of 'election fraud' to attempting to change the structure of the system. Korea has also continuously faced issues regarding electronic vote tabulation machines, unverified identification, and early voting systems, but institutional improvements or legal reforms have been slow. To maintain social trust, the methods of verifying systems must also become more sophisticated and transparent.

Preview of Part 2

〈Part 2〉Why Election Manipulation Wasn't Punished... The Reality of 'Systemic Risk' Revealed by OBBBA and RLA

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