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White House circulating blatantly illegal draft emergency order to take control of elections

A circulated draft emergency order would strip states of constitutional control over elections, using a fabricated emergency to let one president unilaterally ban core voting methods nationwide.

Executive

Feb 26, 2026

Sources

Summary

Anti-voting activists say they are circulating a draft emergency executive order, in coordination with the White House, to declare a national emergency and let President Donald Trump take control over voting. The draft asserts an expanded presidential role in elections despite the Constitution’s Elections Clause placing election authority with states, not the president. If pursued, it would attempt to unilaterally ban mail-in ballots and voting machines nationwide on claims of foreign-interference susceptibility.

Reality Check

Seizing election administration by emergency decree would set a precedent for executive control over the ballot, weakening democratic stability and putting our voting rights at the mercy of a single officeholder. On these facts, the conduct reads less like lawful governance than attempted abuse of emergency powers to override the Elections Clause and suppress lawful voting mechanisms. Even if the order itself would be challenged as unconstitutional, coordinating to implement it could implicate federal election crimes depending on acts taken—particularly 52 U.S.C. § 20511 (fraud in voter registration and voting) if false claims are used to interfere with lawful voting processes. The core violation here is structural: using the White House to advance a conspiracy-based pretext for federal takeover of state-run elections is a blueprint for authoritarian control of future outcomes.

Detail

<p>Anti-voting activists said they are circulating a draft emergency executive order that would declare a national emergency and enable President Donald Trump to take control over voting.</p><p>The draft order is described as rooted in a conspiracy theory that China interfered with the 2020 election. It would authorize the president to unilaterally ban mail-in ballots and voting machines on the stated ground that they are susceptible to foreign interference.</p><p>The activists circulating the draft said they are coordinating with the White House. One advocate identified is Peter Ticktin, an attorney for Tina Peters, the former GOP Colorado county clerk serving a nine-year state prison sentence for her role in a 2021 voting-system breach tied to efforts to find fraud based on election conspiracies.</p><p>Voting-rights experts, democracy advocates, and at least one state election chief said the president lacks authority to claim such powers and that any attempt would be unconstitutional. The U.S. Constitution’s Elections Clause assigns election authority to states, not the president.</p>