President Donald Trump has floated the idea of Republicans “take over” and “nationalize” voting—an approach legal experts say the White House cannot implement on its own under the U.S. Constitution.
In an interview with former FBI director Dan Bongino on Friday, Trump said he would like Republicans to assume control of voting in multiple places, citing unsubstantiated claims of election fraud and noncitizen voting.
But lawyers told Newsweek that any attempt to federalize or “nationalize” elections without Congress would clash with constitutional rules that assign primary responsibility for administering elections to the states.
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 to 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 win in Georgia and other states. Trump has alleged ballots were duplicated and that counties saw other fraud-related problems.
His latest comments are likely to renew scrutiny as the country approaches the November 2026 midterms, when Republicans are working to defend narrow congressional majorities. The GOP has also pursued redistricting efforts in certain states, including Texas, as the White House signals Trump will take a more active role in campaigning, with Chief of Staff Susie Wiles saying he plans to hit the trail.
What To Know
Trump alleged—again 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 locations he had in mind or explain what a takeover would look like in practice.
Legal experts said the broader concept runs into immediate constitutional problems.
“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, states administer elections, while Congress can set nationwide rules through legislation—meaning any major shift in election administration would require congressional action.
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 elections for Congress.
“Only in the President’s mind does he have the power to oversee the Congressional voting process,” he said. “The Constitution says not!”
Separately, concerns about election integrity returned to the spotlight 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 central to Trump’s post-2020 efforts to overturn his loss to Biden.
An FBI spokesperson told Newsweek agents were “executing a court-authorized law-enforcement action” but declined to share more details.
Matthew Mangino, a former district attorney in Lawrence County, Pennsylvania, told Newsweek: “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.
