President Donald Trump does not have the constitutional authority to “take over” or nationalize elections on his own, legal experts say.
In an interview with former FBI director Dan Bongino on Friday, Trump said he would like Republicans to “take over” and “nationalize” voting, citing concerns about electoral fraud in the U.S. Those claims have repeatedly been made without evidence, and lawyers told Newsweek that any effort to federalize election administration without Congressional approval would run afoul of the U.S. Constitution.
Abigail Jackson, a White House spokesperson, told Newsweek: “President Trump cares deeply about the safety and security of our elections – that’s why he’s urged Congress to pass the SAVE Act and other legislative proposals that would establish a uniform standard of photo ID for voting, prohibit no-excuse mail-in voting, and end the practice of ballot harvesting.”
The SAVE (Safeguard American Voter Eligibility) Act is a proposal that would require documentary proof of U.S. citizenship to vote in elections.
Why It Matters
Trump and his allies have repeatedly claimed—without evidence—that the 2020 presidential election was stolen and that former President Joe Biden did not legitimately win in Georgia and other states. Trump has asserted ballots were duplicated and raised other allegations of voter fraud in the county.
His latest remarks are likely to renew concerns ahead of the November 2026 midterms, as the GOP fights to protect slim Congressional majorities. Republicans have already pursued redistricting efforts in certain states, including Texas, and White House Chief of Staff Susie Wiles has said Trump will join the campaign trail.
What To Know
Trump again claimed, without evidence, that noncitizens are voting and affecting election outcomes.
“The Republicans should say, ‘We want to take over. We should take over the voting in at least 15 places.’ The Republicans ought to nationalize the voting,” Trump said on The Dan Bongino Show. He did not specify which places he meant or how such a takeover would be carried out.
Legal experts say the concept conflicts with the Constitution’s allocation of election administration to the states, with Congress empowered to set certain rules by law:
“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,” Article I, Section 4 of the document reads.
In other words, for election administration to change at the national level, Congress would need to pass legislation.
Lawyer Bradley P. Moss told Newsweek: “There is no legal basis for the President to nationalize elections. The Constitution specifically delegates that authority to the states. Congress can pass laws to modify how states administer elections, and they have done that several times in our history with things such as the Voting Rights Act and the NVRA, but the states still actually run the elections.”
Former federal prosecutor Gene Rossi described Trump’s remarks as a “blatantly unconstitutional proposal” to take over state-run elections for Congress.
“Only in the President’s mind does he have the power to oversee the Congressional voting process,” Rossi said. “The Constitution says not!”
Questions about election integrity also resurfaced this week after federal authorities executed a search warrant at Fulton County’s main election office on Wednesday as part of an ongoing investigation, according to officials. Fulton County is in Georgia, a state that played a central role in Trump’s efforts to overturn his loss to Joe Biden.
An FBI spokesperson told Newsweek agents were “executing a court-authorized law-enforcement action” but declined to provide additional details.
Matthew Mangino, a former district attorney in Lawrence County, Pennsylvania, said: “The president has no authority under the Constitution to alter elections, and Trump knows it. That is why he has asked Congress to ‘federalize’ the midterms.”
What People Are Saying
Democratic New York Senator Chuck Schumer, speaking Monday: “Does Donald Trump need a copy of the Constitution? What he’s saying is outlandishly illegal. Once again, the president’s talking no differently than a dictator who wants elections in America to be as legitimate as elections in countries like Venezuela.”
Republican Nebraska Representative Don Bacon, on X: “I opposed nationalizing elections when Speaker Pelosi wanted major changes to elections in all 50 states. I’ll oppose this now as well. I work w/the NE Gov & Unicameral to ensure we have secure elections where every citizen’s vote counts. This is what the Constitution calls for.”
What Happens Next
The midterm elections take place in November 2026. Meanwhile, the investigation in Georgia continues.
