Trump allies circulating draft executive order on federal election powers

Pro-Trump activists working with the White House are circulating a draft executive order that would declare a national emergency over unproven foreign interference in the 2020 election, potentially expanding federal power over state-run voting systems and intensifying already heated debates about election security and voting access ahead of the 2026 midterms.

Picture of Lauren Victoria Burke

Lauren Victoria Burke

WASHINGTON, D.C. — A group of pro-Trump activists who say they are working in coordination with the White House are circulating a 17-page draft executive order that proposes declaring a national emergency related to alleged foreign interference in the 2020 presidential election, according to a report first published by the Washington Post.

The proposal reportedly claims that China interfered in the 2020 election (an allegation that has not been supported by evidence) and suggests that such a declaration could grant the president expanded authority over aspects of U.S. voting systems.

Former President Donald Trump lost the 2020 presidential election to President Joe Biden by more than seven million votes. Since then, Trump has repeatedly claimed the election was “stolen,” a claim that has been widely rejected by courts and election officials.

False claims about election fraud circulated heavily in conservative media following the 2020 election. Dominion Voting Systems later sued Fox News for defamation over the broadcast of those allegations. In April 2023, Fox agreed to a $787.5 million settlement, one of the largest defamation settlements in U.S. history.

According to the Washington Post report, the draft executive order would cite the alleged interference as justification to declare a national emergency. Such a move could potentially attempt to expand federal oversight over election systems, which are traditionally administered by individual states under the U.S. Constitution.

The report comes amid ongoing national debate about election administration and voting access ahead of the 2026 midterm elections.

Recent legal actions by the Department of Justice have also drawn attention. According to Democracy Docket, a voting rights organization, the Justice Department filed lawsuits in February seeking access to unredacted voter rolls in several states as part of broader election-related investigations.

The U.S. Constitution grants states primary authority over election administration, though Congress has the power to set certain federal standards.

During the 2020 election cycle, Trump argued he had the authority to issue executive actions related to mail-in voting. However, legal experts noted that election administration largely falls under state jurisdiction.

In contrast, the Biden administration issued an executive order in March 2021 directing federal agencies to take steps to expand voter access as part of broader efforts to promote participation in federal elections.

Political analysts say debates over election security, voting access and federal authority are likely to remain central issues as the country approaches the next round of congressional elections in 2026.

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