Maybe I'm misreading this.The founders also explicitly stated that states have the right to determine how they conduct elections. You can't argue founder's intent when they told us what their intent was:
"Chusing" is the original spelling. Don't blame me!
- Clause 1 Elections Clause
- The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
- The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
I read that as it is the States' prerogative as much as it is Congress' should the latter choose to step in and do its own thing. Maybe there's some law to muddy the waters, but I'd take this to mean an EO doesn't apply. It is a State issue unless the Legislative steps in and gets the ball rolling on a nation-wide change.