Constitution and Election Authority
The U.S. Constitution gives states primary control over federal election procedures, limiting presidential authority in this area. Federal authority functions only through Congress, which may set election rules by law. The president cannot independently nationalize or directly control election administration without legislative approval.
Trump’s Push for Greater Federal Role
Trump’s second term has seen advocacy for stronger federal involvement in voting. His March 2025 executive order sought new voter registration standards and stricter ballot rules. This executive order triggered immediate legal challenges, questioning its legality.
Statements Calling for Nationalization
In early February 2026, Trump publicly suggested Republicans “take over” voting in specific locations. His remarks referenced federal actions and legislative proposals, including requiring proof of citizenship. The concept of nationalizing voting remains undefined and controversial.
Constitutional Limits and Legal Challenges
The Constitution’s Elections Clause assigns election regulation to states and Congress, excluding the president. Courts struck down parts of Trump’s executive order as exceeding presidential authority. Judicial interpretation consistently supports Congress and states, not the president, in election rule-making.
Ongoing Litigation and Judicial Role
Several court cases are deciding how far presidential influence over ballot procedures can extend. Lower courts have already ruled against key elements of the executive order. The Supreme Court may ultimately define the president’s constitutional limits regarding elections.
Source:
Galston, W. A. (2026, February 11). Does President Trump have the authority to ‘nationalize’ voting? Brookings Institution. https://www.brookings.edu/articles/does-president-trump-have-the-authority-to-nationalize-voting/