Trump has called for Republicans to “nationalize” and “take over” the administration of elections. While Congress can pass federal regulations, the Constitution states that “the times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.” Nate Persily, a law professor at Stanford University, said that an executive order mandating changes to elections would be unconstitutional. “The Constitution is clear on this. There are a lot of things where it’s ambiguous, but it doesn’t give unilateral regulatory authority for election to the president,” Persily said. He said the only way for state procedures to be overridden would be if Congress passes a law, like the Voting Rights Act of 1965.
Read Article