Can the president nationalize elections?
In a recent interview discussing elections, President Donald Trump suggested that Republicans should “nationalize” voting. Last week, the Washington Post, ProPublica, and Democracy Docket reported on a draft executive order that would declare a national emergency to expand the president’s authority over elections across the country.
Among its provisions, the order would require all voters to register again ahead of the 2026 election, restrict mail-in voting, mandate hand-counting of election results, prohibit ranked choice voting and other election reforms, mandate voter ID with proof of citizenship, and set other requirements for election administration that are typically handled by states. Many legal scholars argue that such an executive order would exceed presidential authority.
(Last year, President Trump signed an executive order requiring proof of citizenship to register to vote and effectively barring states from counting mail-in ballots received after Election Day. Many key provisions have been blocked in court).
These developments raise key questions about the executive’s role in election administration. At stake is whether a president can expand executive authority to effectively “nationalize” elections, which is an area the Constitution has largely assigned to states and Congress. Below is a brief analysis of what the Constitution and precedent say on the matter.
What power does Congress have?
Congress has the authority to set the “time, place, and manner” of federal elections under Article I, Section 4 of the Constitution. This means Congress can establish rules for when voting is conducted for federal elections, as well as basic security and procedural standards, such as requiring voting systems to be verifiable and securely designed. For decades, states have exercised primary authority over election laws, with Congress intervening to safeguard the Constitution’s protections for the fundamental right to vote.
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.
– U.S. Constitution, Article I, Section 4, Clause 1
What power do state and local governments have?
States and local governments have primary responsibility for administering elections. This includes managing voter registration, running polling places, and certifying results. States generally determine eligibility requirements for voters and establish rules for mail-in and early voting, as well as the types of voting methods used. Local election officials are responsible for executing these rules on the ground.
What power does the executive branch have?
The president has no independent authority to regulate elections or impose nationwide voting rules. While the Constitution explicitly gives authority to Congress over “time, place, and manner” of elections, it does not give any power over elections to the president.
Past administrations have occasionally taken actions to enforce existing law. For example, the second Bush and Biden administrations sent federal observers to monitor certain jurisdictions for compliance with the Voting Rights Act of 1965. Even so, invoking a national emergency to assert broad federal control over election procedures would be highly unprecedented and likely trigger immediate legal challenges.
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