Trump’s Bold Move: Can He Overrule States on Elections?

President Donald Trump announced Monday his intention to sign an executive order aimed at eliminating mail-in ballots and voting machines, asserting that states act merely as “agents” for the federal government in election matters. Trump stated on Truth Social that states “must do what the Federal Government, as represented by the President of the United States, tells them, FOR THE GOOD OF OUR COUNTRY, to do.” This declaration marks a significant departure from traditional interpretations of states’ rights in election administration.

Executive Order and Constitutional Authority

The proposed executive order faces significant legal hurdles, as President Trump appears to lack direct authority to unilaterally alter state-run election processes. Legal challenges are widely anticipated should such an order be issued.

Constitutional scholars point to Article I, Section 4 of the U.S. Constitution, which states that the “Times, Places and Manner of holding Elections … shall be prescribed in each State by the Legislature thereof.” While Congress has the power to “make or alter such Regulations,” no explicit role is granted to the President in this regard.

Departure from States’ Rights

President Trump’s assertion that states are “agents” subservient to the President represents a novel interpretation of constitutional powers. This perspective contrasts sharply with decades of conservative political orthodoxy, which traditionally advocates for limited federal government intervention and emphasizes state sovereignty.

The 2016 Republican Party platform, for instance, dedicated a section to states’ rights, arguing against federal overreach and stating that “Every violation of state sovereignty by federal officials is not merely a transgression of one unit of government against another; it is an assault on the liberties of individual Americans.” The platform also criticized federal “bullying” of state and local governments on issues such as voter identification laws, immigration, and healthcare.

Throughout his presidency and since leaving office, Trump has made various broad claims of power, including suggestions that the Constitution granted him “absolute power.” He has also previously floated the idea of terminating portions of the Constitution and has frequently repeated unproven claims that the 2020 election was rigged.

Implications for Election Integrity

President Trump’s continued focus on mail-in voting and voting machines is consistent with his long-standing claims of widespread voter fraud. Democrats and election watchdogs have expressed concerns that these efforts, including actions taken by his administration and allies, could be aimed at reshaping the election system in ways that could benefit Trump and his political party.

The ultimate impact and legal viability of any such executive order remain uncertain. However, the statement underscores Trump’s enduring interest in electoral processes and his willingness to challenge established constitutional norms regarding state autonomy in election administration.