A group of right-wing activists is reportedly drafting an executive order that would grant former President Donald Trump sweeping authority over the administration of elections, potentially allowing him to unilaterally ban mail-in ballots and voting machines before the 2026 midterm elections. The effort, first reported by the Washington Post on Thursday, raises serious concerns about the potential for interference in the democratic process and the erosion of states’ rights in overseeing their own elections.
The proposed order would offer Trump “extraordinary power over voting,” according to the Post, despite the explicit constitutional provision granting states the primary responsibility for conducting elections. This move comes as Trump continues to baselessly claim widespread fraud in the 2020 election, and as concerns grow about potential attempts to subvert future election results. The draft order centers on a claim of national security, alleging the need to protect against foreign interference, particularly from China.
Peter Ticktin, a Florida attorney advocating for the order, acknowledged to the Washington Post that the Constitution does not grant the president authority over elections. Still, he argued that the threat of foreign interference necessitates extraordinary action. “Under the Constitution, it’s the legislatures and states that really control how a state conducts its elections, and the president doesn’t have any power to do that,” Ticktin said. “But here we have a situation where the president is aware that there are foreign interests that are interfering in our election processes. That causes a national emergency where the president has to be able to deal with it.”
The extent of coordination between the activists and the White House remains unclear, but the Post reported evidence suggesting the administration may be receptive to the strategy. This includes the Trump administration’s previous investigations into the 2020 election results, fueled by the former president’s unsubstantiated claims of foreign interference from countries like China and Venezuela. A 2021 intelligence review, however, found that while China considered efforts to influence the election, it ultimately did not pursue them.
Trump’s History of Challenging Election Results
This latest development builds on Trump’s long history of questioning the integrity of U.S. Elections. Throughout his presidency and after leaving office, he has repeatedly made unsubstantiated claims of widespread voter fraud, particularly regarding mail-in ballots and voting machines. These claims have been widely debunked by election officials and experts, but continue to resonate with a segment of the electorate. Trump has publicly stated his desire to eliminate mail-in ballots and voting machines, alleging they are susceptible to fraud.
The proposed executive order is not occurring in a vacuum. Concerns about election security and the potential for political interference have been heightened in recent years. The January 6th attack on the U.S. Capitol, fueled by false claims of a stolen election, underscored the fragility of democratic institutions and the potential for violence when election results are disputed.
Concerns from Democrats and Watchdog Groups
The draft order has drawn swift criticism from Democrats and government watchdog groups. Senator Mark Warner (D-Va.), the ranking member of the Senate Intelligence Committee, condemned the effort as a plot to undermine democratic accountability. “We’ve been raising the alarm for weeks about President Trump’s attacks on our elections and now we’re seeing reports that outline how they may be planning to do it,” Warner told the Post. “This is a plot to interfere with the will of voters and undermine both the rule of law and public confidence in our elections.”
Citizens for Responsibility and Ethics in Washington (CREW) asserted that the proposed order is unconstitutional and would not withstand legal scrutiny. “The Constitution gives states power over election law with oversight from Congress,” CREW wrote on social media. “Notice who’s missing? The president. Trump may try to cook up a sham national emergency to try to seize control of elections but it won’t stand up to scrutiny.”
National Security Experts Weigh In
National security experts have also expressed skepticism about the justification for the proposed order. Marc Polymeropoulos, a national security contributor, described the draft order as “batshit authoritarianism” and warned that the current political climate makes such a move possible. “This crazy shit is possible as Trump knows Congress is all but lost at this point in a free election,” Polymeropoulos said. “To save himself, anything is possible.”
Illinois Governor JB Pritzker warned that Trump’s plan to potentially steal the 2026 midterm elections is already underway. Representative Rosa DeLauro (D-Conn.) accused Trump of “setting the stage to steal the midterm elections and set fire to our democracy,” vowing that Democrats would fight to protect the right to vote.
The legal basis for such an executive order is highly questionable, given the Constitution’s clear allocation of election authority to the states. Legal scholars widely agree that a president attempting to unilaterally override state election laws would face immediate and substantial legal challenges. The Supreme Court has consistently upheld the principle of state control over elections, although the court’s composition could influence any future rulings.
The next steps remain uncertain. It is unclear whether the draft order will be formally presented to President Trump, and if so, whether he will ultimately approve it. However, the very existence of the proposal underscores the ongoing threat to democratic norms and the importance of safeguarding the integrity of U.S. Elections. The White House has not yet issued a formal statement regarding the reported draft order.
This is a developing story. We will continue to monitor the situation and provide updates as they become available. Share your thoughts in the comments below.
