Trump Is Trying to Gain More Power Over Elections. Is His Effort Legal?

3 weeks ago 17

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A far-reaching executive order aims to reshape the country’s voting laws, is sure to be challenged in court and reflects the president’s concerted push to expand his power.

An up-close photo of President Trump, with only his jacket, white shirt, red tie and the lower part of his face visible.
President Trump’s executive order follows a yearslong Republican push to tighten voting laws out of a false belief that the 2020 election was rigged. Credit...Doug Mills/The New York Times

Nick Corasaniti

March 26, 2025, 5:30 p.m. ET

President Trump pushed on Tuesday to hand the executive branch unprecedented influence over how federal elections are run, signing a far-reaching and legally dubious order to change U.S. voting rules.

The executive order, which seeks to require proof of citizenship to register to vote as well as the return of all mail ballots by Election Day, is an attempt to upend centuries of settled election law and federal-state relations.

The Constitution gives the president no explicit authority to regulate elections. Instead, it gives states the power to set the “times, places and manner” of elections, leaving them to decide the rules, oversee voting and try to prevent fraud. Congress can also pass election laws or override state legislation, as it did with the Voting Rights Act of 1965.

Yet Mr. Trump’s order, which follows a yearslong Republican push to tighten voting laws out of a false belief that the 2020 election was rigged, bypasses both the states and Congress. Republican lawmakers in Washington are trying to pass many of the same voting restrictions, but they are unlikely to make it through the Senate.

Image

Election workers counting absentee ballots in Milwaukee on election night in November. Mr. Trump’s order threatens to withhold federal funding for states that do not comply with its measures, including the return of all mail ballots by Election Day. Credit...Jim Vondruska for The New York Times

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