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Trump Proposes Federal Role in Elections Amidst Legislative Debates and Constitutional Concerns

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Calls for Increased Federal Election Involvement

On a conservative podcast, former President Donald Trump stated that Republicans "ought to nationalize the voting" and "take over the voting in at least, many, 15 places." Trump articulated his view that a state acts as "an agent for the federal government in elections" and questioned why the federal government does not administer elections directly.

He asserted that federal intervention should occur if a state cannot conduct an election effectively, characterizing election administration in some states as "horrible" and a "disgrace."

He specifically mentioned Atlanta and other areas with Democratic majorities, citing "horrible corruption." Trump stated these measures would protect the Republican party and prevent undocumented immigrants from voting, claiming noncitizens vote illegally. He also indicated upcoming developments in Georgia regarding ballots obtained via a court order.

White House Clarification on "Nationalizing"

White House Press Secretary Karoline Leavitt, speaking on behalf of the former President's administration, clarified that Trump's statements regarding "nationalizing the voting" referred to the need for a national voter identification requirement.

Leavitt indicated that Trump's remarks referenced the proposed Safeguard American Voter Eligibility (SAVE) Act, a bill that would require proof of citizenship for voter registration.

She also stated that the President believes in the U.S. Constitution but also believes there has been "a lot of fraud and irregularities" in American elections, and supports voter ID policies and legislative efforts for nationwide implementation.

Bannon's Proposal for ICE at Polls

Former Trump advisor Steve Bannon, on his "War Room" podcast, stated his intention for Immigration and Customs Enforcement (ICE) officers to "surround the polls come November" for the upcoming midterm elections, and reiterated this for the 2026 midterm elections. Bannon cited the need to prevent "another alleged election theft" and repeated claims that undocumented individuals vote extensively in U.S. elections.

White House Press Secretary Karoline Leavitt stated she had not heard President Trump discuss formal plans for ICE at polling locations but did not rule out an agent's presence.

Legislative Proposals in Congress

These discussions coincide with active legislative efforts by House Republicans to modify U.S. election procedures:

The Safeguard American Voter Eligibility (SAVE) America Act

Sponsored by Representative Chip Roy (R-Texas) and previously by Representative Anna Paulina Luna, this bill would mandate documentary proof of citizenship for voter registration. It also proposes to require photographic identification specifically proving citizenship to cast a ballot, which would likely necessitate voters presenting a passport or original birth certificate in most states.

The bill includes provisions to largely outlaw mail-in voter registration and government-funded registration drives, and make it a felony for election officials to register a voter without citizenship documentation.

Experts, including the Brennan Center for Justice, have warned that these requirements could disenfranchise an estimated 21 million Americans who may lack immediate access to such documents.

Republicans supporting the bill state these measures are necessary to prevent noncitizens from voting, a practice that is prohibited in federal elections and has been identified as rare in past reviews. An earlier version passed the House but stalled in the Senate, where unified Democratic opposition is anticipated to make its passage difficult.

The Make Elections Great Again (MEGA) Act

Introduced by Representative Bryan Steil (R-Wisc.), this bill incorporates text from the SAVE America Act. Additionally, it proposes to outlaw ranked-choice voting and universal vote-by-mail, require all mailed ballots to be received before polls close, restrict third-party assistance to voters, and create a national elections auditing system. The MEGA Act would take effect in 2027.

Past Federal Election Standard Attempts

Past attempts to implement federal election standards, such as the Democratic-led "For the People Act" in 2020, were blocked by Senate Republicans, who characterized it as a federal power grab. Conversely, a previous executive order from Trump requiring proof of citizenship for voting was largely blocked by courts.

Constitutional Framework and Election Administration

The U.S. Constitution's Article I, Section IV, known as the "Elections Clause," states that "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators."

This clause assigns state legislatures the primary role in determining how congressional elections are conducted, while granting Congress oversight and regulatory authority.

Legal scholars note that the framers intended to divide election powers to prevent excessive control by either states or the federal government. The Constitution does not grant the president direct power over election administration. The U.S. election system is highly decentralized, comprising over 10,000 election administration jurisdictions. State legislatures establish laws governing various aspects of elections, with local jurisdictions implementing these rules.

Reactions to "Nationalizing"

Election experts view Trump's suggestion of "nationalizing voting" as an escalation of efforts to alter U.S. election administration. Colorado Secretary of State Jena Griswold, a Democrat, stated that the Constitution prevents federalizing elections. Senator John Thune, a Republican, stated he was "not in favour of federalising elections," remarking that "It's harder to hack 50 election systems than it is to hack one."

FBI Search in Fulton County, Georgia

Trump's remarks followed an FBI search warrant served to obtain election materials from Fulton County, Georgia. FBI agents seized 2020 election ballots and other related materials. Trump stated he had a brief call with agents to congratulate them and indicated the public would "see some interesting things come out."

Director of National Intelligence Tulsi Gabbard confirmed her attendance at the search, stating her presence was requested by the president and fell under her authority related to election security, also facilitating a phone call for Trump to speak with the agents. Democratic lawmakers Jim Himes and Mark Warner have requested Gabbard appear before their committees for questioning, raising concerns about the intelligence community's involvement in domestic law enforcement actions.

Allegations of fraud in Fulton County related to the 2020 election have been repeatedly debunked by federal, state, and independent investigations and audits.

Trump had previously unsuccessfully asked Georgia's Republican Secretary of State to "find 11,780 votes" to alter the state's 2020 election result.

Reactions and Concerns from Lawmakers and Officials

Trump's statements and related proposals have drawn various reactions:

Democratic Lawmakers Express Concern

  • Senator Mark Warner stated that Trump's comments indicate a forward-looking threat to election security.
  • Senator Chuck Schumer compared Trump's statements to those of a dictator and questioned their legality.
  • Representative Hakeem Jeffries stated that Democrats would prevent attempts to influence the midterm elections, asserting that Trump's objective is to "nationalize the election – translation: steal it." He noted that Democrats had previously blocked Trump's attempts to federalize the National Guard and countered Republican efforts to redraw congressional district boundaries.
  • Senator Adam Schiff commented that Trump intends to subvert elections and suppress the vote, also questioning Director Gabbard's presence at the Fulton County raid.
  • Senator Ruben Gallego proposed a general strike should efforts be made to "overthrow our democracy," suggesting a national strike could "grind the country to a halt." He warned of potential scenarios including attempts to capture ballot boxes, stop counts, or surround polling places, emphasizing that economic stability should not precede democratic stability.

Election Officials Raise Warnings

Election officials nationwide have expressed concerns about potential interference in upcoming elections. Minnesota Secretary of State Steve Simon stated that state election leaders are preparing for potential federal involvement and have developed plans including litigation, communications, and administrative actions.

Concerns have been raised regarding the presence of immigration agents near polling places, particularly in Democratic-leaning areas, as it could deter voters, including U.S. citizens and legal residents, due to fears of detention or racial profiling.

Senator Thom Tillis (R-N.C.) voiced concerns that deploying ICE agents could create a "chilling effect" on eligible Hispanic American citizens attempting to vote.

Federal law prohibits the deployment of military troops at election locations, and some states have laws against carrying firearms near polling places.

Trump's administration has also pursued a national voter database and sued several states for their voter rolls, facing resistance from Democratic officials and some GOP officials, and encountering setbacks in court. He has also initiated a mid-decade redistricting campaign with the stated goal of assisting Republicans in gaining additional U.S. House seats.