WASHINGTON — Pro-Trump activists, claiming coordination with the White House, are circulating a 17-page draft executive order that would authorize President Donald Trump to declare a “national emergency” to seize sweeping control over federal elections.
The proposal, first reported by The Washington Post on February 26, 2026, uses unproven allegations of Chinese interference in the 2020 election as a legal pretext to bypass state authority. If signed, the order would attempt to unilaterally mandate voter ID, ban mail-in ballots, and eliminate certain voting machines ahead of the 2026 midterm elections.
A “National Security” Pretext for Election Overhaul
The draft order asserts that foreign interests—specifically China—compromised the 2020 election, a claim that contradicts findings from the U.S. intelligence community. Activists lobbying for the move argue that these “foreign intrusions” grant the President extraordinary powers as Commander in Chief under the National Emergencies Act and the International Emergency Economic Powers Act (IEEPA).
“We have a situation where the president is aware that there are foreign interests that are interfering in our election processes,” Peter Ticktin, a MAGA activist and attorney involved in the draft, told The Washington Post. Ticktin argued that the emergency would allow the federal government to “deal with” mail-in ballots and voting machines, which he characterized as “vectors” for interference.
Nationalizing the Vote
The move follows weeks of escalating rhetoric from President Trump regarding federal oversight of the democratic process. In a February 2 interview with Dan Bongino, Trump explicitly called for the “nationalization” of elections.
“The Republicans should say, ‘We want to take over, we should take over the voting in at least 15 places,'” Trump told Bongino. “The Republicans oughta nationalize the voting.”
On February 13, Trump doubled down in a Truth Social post, promising to act unilaterally if Congress failed to pass the SAVE America Act, a bill requiring documentary proof of citizenship and photo ID for all voters.
“There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!” Trump wrote, claiming he has discovered “Legal reasons” that make current voting procedures a “SCAM.”
Constitutional and Legal Challenges
Legal experts and voting rights advocates have been quick to denounce the proposal as a “blatantly illegal” power grab. Under Article 1, Section 4 of the U.S. Constitution, the authority to regulate the “times, places, and manner” of elections is granted to state legislatures, unless Congress passes specific legislation to the contrary.
- The Supreme Court Factor: Just days ago, on February 20, the Supreme Court ruled 6-3 that Trump exceeded his authority under the IEEPA when attempting to impose broad tariffs. Legal analysts suggest this precedent makes a “national emergency” claim over elections even more precarious in court.
- The 150 Powers: While a national emergency declaration unlocks roughly 150 statutory powers, none explicitly grant the President the right to override state election laws or disband local election boards.
- Voter Statistics: Despite the President’s claims of 85% support for his specific plan, recent Washington Post-ABC News-Ipsos polling shows his general approval rating at approximately 34-40%, with significant skepticism regarding his use of executive orders to bypass Congress.
Looking Ahead
The White House has not confirmed if the 17-page draft will be formally adopted, though officials acknowledged they are regularly in contact with outside advocates “sharing policy ideas.”
As the 2026 midterms approach, the administration’s push for a federal takeover of voting sets the stage for a massive constitutional showdown between the executive branch, state governments, and the federal judiciary. If the order is signed, it is expected to face immediate legal injunctions from a coalition of states and civil rights organizations.
