National

Pro-Trump activists who say they are in coordination with the White House are circulating a 17-page draft executive order that claims China interfered in the 2020 election as a basis to declare a national emergency that would unlock extraordinary presidential power over voting. Sen. Mark R. Warner of Virginia, the top Democrat on the Senate Intelligence Committee, said there is no national emergency. “We’ve been raising the alarm for weeks about President Trump’s attacks on our elections and now we’re seeing reports that outline how they may be planning to do it,” Warner said in a statement in response to this article. “This is a plot to interfere with the will of voters and undermine both the rule of law and public confidence in our elections.” Read Article

National: The laughable legal memo behind the claim that Trump can declare a national voting emergency | Matt Cohen and Jim Saksa/Democracy Docket

Peter Ticktin, the Florida-based lawyer leading an effort to have President Donald Trump issue an executive order declaring a national emergency to enable a federal takeover of the upcoming midterm elections, shared his reasoning with Democracy Docket Thursday. It was quickly torn to pieces by a leading expert on the president’s emergency powers. Shortly after the Washington Post reported that the White House was taking Ticktin’s plan seriously, legal experts responded with ridicule, noting how blatantly unconstitutional it would be. But Ticktin’s reasoning appears more flawed still, relying on economic sanctions law that conveys no authority whatsoever to block mail-in ballots or seize voting machines. Read Aricle

National: Trump’s push for election power raises fears he will ‘subvert’ midterms | Shane Goldmacher and Nick Corasaniti/The New York Times

Ahead of the midterm elections, an emboldened U.S. President
Donald Trump has shown an increased eagerness to leverage the full investigative, prosecutorial and legislative powers of the federal government to bend election mechanics to his will. With his words and deeds, the president — who pushed to overturn his 2020 defeat but declared his 2024 victory legitimate — appears to be undermining Americans’ trust that the midterms will be free and fair. As the political environment darkens for his party, Trump is again warning Republicans that Democrats are going to rig the results. At the same time, he is taking actions that make Democrats fear that Republicans are actually going to subvert the election. Read Article

National: Republican voter ID bill stalls in Senate despite Trump demands | Mary Clare Jalonick/Associated Press

Election-year legislation to impose strict new proof-of-citizenship requirements on voting appears stalled in the Senate, for now, despite President Donald Trump’s call in his State of the Union speech that Republicans in Congress pass the bill “before anything else.” Trump’s push for the bill, backed by House conservatives and his most loyal supporters ahead of the midterm elections, has put new pressure on Senate Majority Leader John Thune as he tries to navigate an effort from inside and outside Congress to bypass normal Senate procedure. Thune has said he supports the legislation and that his GOP conference is still discussing how to pass it. Senate Republicans “aren’t unified on an approach,” Thune said on Wednesday after Trump’s speech. In an effort to get around Democratic opposition, Trump and others have pushed a so-called “talking filibuster,” which would bring the Senate back to the days of the movie “Mr. Smith Goes to Washington,” when senators talked indefinitely to block legislation. Today, the Senate mostly skips the speeches and votes to end debate, which takes 60 votes in the Senate where Republicans have a 53-47 majority. Read Article

National: Trump’s Favorite Voter-ID Bill Would Probably Backfire | Marc Novicoff/The Atlantic

On the surface, the debate over the SAVE America Act is familiar, even predictable. At Donald Trump’s urging, Republicans are pushing yet another voter-ID bill, ostensibly to prevent fraud and noncitizen voting. Democrats are opposing the bill on the grounds that voter fraud is negligible and that the law is really meant to disenfranchise their supporters. But upon closer inspection, something very strange is going on. For decades, the politics of voter-ID battles were based on a simple premise: The voters most likely to be screened out by such restrictions were probably Democrats. In 2024, however, that fact stopped being true. Trump beat Kamala Harris among voters who didn’t regularly participate in elections. In the low-turnout, off-cycle elections that have happened since then, Democrats have overperformed dramatically, suggesting that their advantage with the most educated, plugged-in voters remains strong. In other words, the politics of voter ID have not caught up to its new partisan implications. Making voting more difficult would most likely hurt Republicans’ chances, yet they’re pushing hard to make that happen; meanwhile, Democrats, who insist that Trump and a MAGA Congress are existential threats to American democracy, refuse on principle to help Republicans sabotage themselves. Read Article

National: Democratic Attorneys General plot to thwart Trump election interference | Lisa Kashinsky/Politico

Democratic attorneys general are bracing for President Donald Trump to interfere in the midterm elections — and war-gaming how to stop him. The party’s top prosecutors have been strategizing for months about how to counter a series of increasingly extreme scenarios they fear could play out this fall. They have huddled in hotel conference rooms and over Zoom meetings to run tabletop exercises anticipating the president’s moves and choreographing responses. They’re preparing for the administration to potentially confiscate ballots and voting machines, strip resources from the postal service to disrupt the delivery of mail ballots, and send military members and immigration agents to polling locations to intimidate voters. They’re readying motions for temporary restraining orders to preserve election materials and remove armed forces from voting sites. Read Article

National: In an Intense Election Year, New Post Office Rules Could Trip Up Voter Registration | Pascal Sabino/Bolts

The U.S. Postal Service began piloting a cost-cutting plan in 2023 to remove the machines that sort and postmark mail from local offices and instead consolidate mail processing in regional centers. As they rolled out the program nationwide, Jeremy Schilling, president of a local chapter of the American Postal Workers Union in Oregon, was one of those who spoke out about the adverse effects. His union organized demonstrations against the consolidation plan and blew the whistle on election mail that fell through the cracks due to the slowdown amid the 2024 presidential race. Election mail that people leave at their local post office in Southern Oregon, where Schilling is based, typically sits overnight until it is collected in the morning since evening dispatches were slashed nationwide at the end of last year. The mail is then trucked nearly 300 miles to a Portland facility that processes mail for most of the state, where it is postmarked, then sent back to the local post office for delivery. “Any mail that’s getting dropped into a blue box is not getting postmarked on the same day, and likely not on the day after either,” Schilling said. “The mail is so slow that it is an unreasonable amount of lead time that the normal person wouldn’t expect.” Read Article

National: DHS official promises election officials that ICE will not be at polling places | Andrew Howard and Erin Doherty/Politico

A top Department of Homeland Security official vowed during a private call with election officials Wednesday that immigration officers will not be stationed at polling places in November amid Democratic warnings about interference in the midterms by the federal government. Heather Honey, the department’s deputy assistant secretary for election integrity, dismissed as “disinformation” any fears that officers from Immigration Customs and Enforcement would be deployed to the polls as part of President Donald Trump’s ongoing mass deportation campaign. “Any suggestion that ICE is going to be present at polling places is simply disinformation,” Honey said, according to four people on the call who were granted anonymity to discuss it. “There will be no ICE presence at polling locations.” Read Article

Opinion: How can the Supreme Court protect electoral integrity? | Edward Foley/SCOTUSblog

The court has already confronted cases concerning the midterms, like the efforts to re-gerrymander already gerrymandered congressional districts for even more partisan advantage. And undoubtedly, the court will face many more issues before ballots are cast in the upcoming fall. But there is one specific possibility that I want to consider now because it’s especially crucial that the court be prepared to act proactively, so as to avoid electoral subversion that can’t be remedied after it has occurred. The threat is that President Donald Trump will order FBI, or perhaps other federal officers, to seize ballots in key congressional districts, so that the results of those elections cannot be certified before Jan. 3, 2027, when the new Congress is scheduled to meet and elect the Speaker of the House. Indeed, federal seizure of ballots potentially could irrevocably destroy the essential chain-of-custody of those ballots, preventing those elections from ever being certified and requiring instead another round of voting in those districts. But meanwhile the House Speakership election would go forward without Members-elect from the affected districts, potentially determining which political party controls the House of Representatives without the input from all of America’s voters – a deliberate denial of democracy if ever there was one. Read Article

National: Trump says Republicans will ‘never lose a race’ if Congress restricts voting | Jacob Knutson/Democracy Docket

During a rambling rehash of false assertions of voter fraud, President Donald Trump claimed that Republicans will never lose an election “for 50 years” if his allies in Congress pass the Safeguard American Voter Eligibility Act (SAVE) America Act, which critics have called the most restrictive anti-voting law in U.S. history. “I tell you what, Republicans have to win this one,” Trump said during a speech at a steel facility in Rome, Georgia. “We’ll never lose a race. For 50 years, we won’t lose a race.” Trump’s remarks Thursday were just his latest alarming comments calling into question the security of American elections — and pressuring Congress to suppress the vote to benefit Republicans. Read Article

National: Meet the election denier now heading White House election security | Josh Meyer/USA Today

As President Donald Trump ramps up his interest in taking federal control of the November 2026 elections, he’s tapped one of the lawyers who worked on his efforts to overturn the 2020 election to be his administration’s “director of election security and integrity.” That’s Kurt Olsen, a conservative lawyer who has been hit with ethics complaints and a legal sanction for spreading “unequivocally false” claims about Trump’s 2020 loss to former President Joe Biden and Kari Lake’s 2022 gubernatorial loss in Arizona. Olsen, a 63-year-old former Navy SEAL, quietly joined the Trump White House in October as a special government employee. Since then, he’s been working with law enforcement and intelligence officials to re-investigate Trump’s debunked allegations about 2020, including that he lost Georgia because of voter fraud and that states used “COVID to cheat” via mail-in ballots. Read Article

National: What if everyone had to prove their citizenship to register to vote? | Nathaniel Rakich/Votebeat

Presidents’ Day is always the hardest holiday to shop for; it’s hard to know what to get the president in your life. But the U.S. House of Representatives got President Donald Trump exactly what he wanted when it passed the SAVE America Act on Wednesday. The act, which passed with the support of all 217 House Republicans but only one Democrat, is a centerpiece of Trump’s agenda to exercise more federal oversight over elections and prevent illegal voting, which is already very rare. It’s essentially version 2.0 of the SAVE Act, which passed the House last year. Like its predecessor, the SAVE America Act would require people who are registering to vote to provide proof of their U.S. citizenship. (Currently, new registrants only have to attest under penalty of perjury that they are citizens.) This version of the bill also adds a photo ID requirement for voters and requires states to run their voter rolls through the Department of Homeland Security’s Systematic Alien Verification for Entitlements database to scan for noncitizens. All provisions of the bill would take effect immediately upon enactment. Read Article

National: Trump vows voter ID requirements for the midterms, ‘whether approved by Congress or not’ | Kyla Guilfoil/NBC

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

National: Even Republican election officials are balking at Trump Justice Department’s voter roll crusade | Tierney Sneed/CNN

As the Trump administration has sued 25 mostly Democratic state election chiefs for their voter rolls, it has also encountered quieter resistance from Republican officials who have balked at the Justice Department’s demands for confidential voter registration information. At least a half-dozen Republican-led state election offices have declined the Justice Department’s request for non-public voter data, which can include a voter’s Social Security number, driver license ID number or current residence, according to interviews, local media reporting and records obtained by CNN and by the Brennan Center, a left-leaning think tank that researches election issues. “They can have the voter rolls. They’re gonna pay for it like everybody else,” West Virginia Secretary of State Kris Warner told CNN last month, referring to the public list that can be purchased in his state for $500. “They’re not going to get our personal information.” Read Article

National: Republicans are eyeing major election changes. Trump’s mail voting crackdown isn’t one of them. | Mia McCarthy/Politico

President Donald Trump is pushing Congress to end mail voting as Americans have come to know it. So far, Republican lawmakers aren’t heeding his calls. Trump has long railed against the expansion of vote-by-mail, arguing despite scant evidence that it is rife with fraud and suggesting it was responsible in part for his 2020 election loss. Since retaking office, he has repeatedly called for action — most recently Monday night to reporters on Air Force One. “Why would you want mail-in ballots if you know it’s corrupt?” Trump said. “It’s a corrupt system.” But other Republicans don’t see it that way — many of their own voters have voted by mail consistently for decades. So far, the type of blanket ban on mail voting Trump wants has not gained traction on Capitol Hill as GOP lawmakers counsel for a more targeted approach. Read Article

National: Democracy nonprofit launches project to aid elections officials on cybersecurity | Colin Wood/StateScoop

The nonprofit advocacy group Center for Democracy and Technology on Friday announced a new initiative to provide local elections administrators with additional support as they attempt to defend their infrastructure from cyberattacks. The work is to be led by Geoff Hale, a former election-security associate director at the Cybersecurity and Infrastructure Security Agency. According to the group’s press materials, the new project aims to “strengthen mechanisms that provide timely, actionable research and analysis to support the cybersecurity and resilience of vital election processes.” Alexandra Reeve Givens, the nonprofit’s president and chief executive, said in a press release that elections officials “deserve top-notch technical support” to protect their systems, particularly when the nation is so contentiously divided along political lines. Read Article

National: Voter trust in U.S. elections drops amid Trump critiques, redistricting, fear of ICE | Kevin Rector/Los Angeles Times

President Trump and his allies are questioning ballot security. Democrats are warning of unconstitutional federal intervention. Experts and others are raising concerns about partisan redistricting and federal immigration agents intimidating people at the polls. Voter trust in the upcoming midterm elections, meanwhile, has dropped off sharply, and across party lines, according to new research by the UC San Diego Center for Transparent and Trusted Elections. Out of 11,406 eligible voters surveyed between mid-December and mid-January, just 60% said they were confident that midterm votes will be counted fairly — down from 77% who held such confidence in vote counting shortly after the 2024 presidential election. Read Article

National: States’ mistrust of Trump’s fraud crusade could hinder fight against foreign influence in elections, federal officials fear | Sean Lyngaas and Evan Perez/CNN

State and local election administrators’ growing suspicion of the Trump administration’s motives has triggered concerns among some federal officials that distrust of even routine moves by the FBI could hinder cooperation with states and give an opening for US adversaries trying to influence elections. An FBI official this week sent a standard email to top state election officials inviting them to discuss how federal agencies could help with securing the midterms. It’s a message that has gone out numerous times in the years since Russia’s 2016 influence campaign as the feds have looked to offer security resources for election administrators. But this email came a week after the FBI executed a search warrant at the elections office of Fulton County, Georgia, and seized ballots related to the 2020 election — a move that alarmed many election officials. And it came amid Director of National Intelligence Tulsi Gabbard’s move to study voting machines for security vulnerabilities as she tries to support President Donald Trump’s false claims that the 2020 contest was stolen from him. Read Article

National: After Trump attacks, voting machine company Dominion is forging ahead as Liberty Vote | Carrie Levine/Votebeat

On a freezing December day, Liberty Vote executive Robert Giles sat before the New Hampshire Ballot Law Commission to answer questions about a familiar company operating under an unfamiliar name. Until October, the company had been Dominion Voting Systems — one of just two vendors certified to sell voting systems in the state. Then, it was sold to a former election official named Scott Leiendecker and rebranded as Liberty Vote. State regulators required to sign off on changes wanted to know more about who and what, exactly, they were signing off on. As one ballot law commission member pointed out, in New Hampshire, “when we give somebody a liquor license for a little restaurant, they have to go through quite a bit of a background check before we’re able to provide that. So I think we’d like to know a little bit more.” Secretary of State David Scanlan, a Republican, said he and others had “some really hard questions” for the company. A commission member had a fundamental one. “Why did he acquire this company?” he asked, referring to Leiendecker. “You would have to ask him that question,” Giles replied. Read Article

National: GOP pushes ahead on strict voter ID bill ahead of midterm elections | Lisa Mascaro/Associated Press

House Republicans rushed to approve legislation on Wednesday that would impose strict new proof-of-citizenship requirements ahead of the midterm elections, a long shot Trump administration priority that faces sharp blowback in the Senate. The bill, called the Safeguard American Voter Eligibility, or SAVE America Act, would require Americans to prove they are citizens when they register to vote, mostly through a valid U.S. passport or birth certificate. It would also require a valid photo identification before voters can cast ballots, which some states already demand. It was approved on a mostly party-line vote, 218-213. Republicans said the legislation is needed to prevent voter fraud, but Democrats warn it will disenfranchise millions of Americans by making it harder to vote. Federal law already requires that voters in national elections be U.S. citizens, but there’s no requirement to provide documentary proof. Experts said voter fraud is extremely rare, and very few noncitizens ever slip through the cracks. Fewer than one in 10 Americans don’t have paperwork proving they are citizens. Read Article

National: Federalizing Elections: It’s Been Proposed Before. It Doesn’t Work | Donald F. Kettl/Governing

President Donald Trump startled both parties this month with his declaration that “the Republicans ought to nationalize the voting” in federal elections. When criticism of his statement arose on all sides, he doubled down. If states “can’t count the votes legally and honestly,” he said, “then somebody else should take over.” Trump’s argument for national control goes further than anything Republican presidents have ever broached, but there’s nothing new in Republican claims that Democrats steal elections. There’s the case of Chicago Mayor Richard J. Daley in the 1960 presidential election, when Republican Richard Nixon was sure that Daley had taken the state — and the election — from him. At a Christmas party a few weeks after the election, Nixon told guests, “We won, but they stole it from us.” He had a point, but not a very strong one. Researchers since have concluded that there was fraud in Illinois, but not enough to tip the state. And even if Nixon had won Illinois, he still would not have had enough electoral votes to win the presidency. Read Article

National: ‘The trust has been absolutely destroyed’ – Some state election officials say they no longer trust their federal partners | Michael Scherer, Yvonne Wingett Sanchez, Sarah Fitzpatrick, and Jonathan Lemire/The Atlantic

The email that federal law enforcement sent this week to the nation’s top election administrators would have been routine just a few years ago. “Your election partners,” the Tuesday missive from FBI Election Executive Kellie Hardiman read, “would like to invite you to a call where we can discuss preparations for the cycle.” But multiple secretaries of state who received the document told us they viewed it as a threat, given recent events. The FBI had just seized 2020 election materials in Georgia, and President Trump had announced his desire to “nationalize” elections, a state responsibility under the U.S. Constitution. The Department of Justice has sued more than 20 states to obtain their election rolls, and the Office of the Director of National Intelligence is conducting an investigation of U.S. voting technology. The upshot is that a yearslong partnership between state and federal authorities—in which the feds have provided assistance on election security and protected state and local voting systems from threats—is now in danger of falling apart. Instead of “partners,” some state authorities now view federal officials involved in election efforts with deep suspicion. “The trust,” Maine Secretary of State Shenna Bellows told us, “has been absolutely destroyed.” ‘Read Article

National: US surveillance, election cybersecurity and Tulsi Gabbard | Ann-Marie Corvin/Cybernews

Earlier this week, a US senator publicly warned about the expanding use of personal data by federal authorities while separately sending a brief, private letter to the director of the CIA. In a video posted on Instagram, and intended to reach a wide audience, Ross Wyden pointed to the US Immigration and Customs Enforcement (ICE) practice of using surveillance technologies and data sources in enforcement activity. “ICE is using apps to collect biometric data on protesters,” he warned. “That means that they can track your location, where you go, what you do, and especially who you talk to.” Wyden also said the agency is purchasing location information from commercial data brokers and using motor-vehicle records obtained from state governments. “My investigators have found that ICE is using government data they collect from state Departments of Motor Vehicles,” Wyden said. “They are refusing to answer any questions of ours about how this data is being used.” Read Article

National: Alarm bells sound over Trump’s ‘take over the voting’ call | US voting rights | Sam Levine/The Guardian

Donald Trump set off alarm bells earlier this week with comments that his administration should “take over the voting” in some states in the run-up to the 2026 midterms, which followed an unprecedented FBI raid on an election office in Georgia. Although election experts say it’s clear the president doesn’t have authority over elections, they warn the president’s corrosive rhetoric leaves little doubt about his intent. For months, the Trump administration has stoked doubts about the integrity of American elections largely through lawsuits designed to create the impression states aren’t doing enough to keep ineligible voters off the rolls. That effort escalated significantly last week when the FBI raided the election office in Fulton county, Georgia and seized ballots, along with other materials, related to the 2020 election. Shortly after the raid, Trump escalated his attack even further, saying the federal government should take over elections. “The Republicans should say, ‘We want to take over,’” he said during a recent interview with Dan Bongino, the former deputy FBI director who has returned to hosting a podcast. “We should take over the voting, the voting in at least many – 15 places. The Republicans ought to nationalize the voting.” Democracy experts believe there is no longer any doubt about Trump’s desire to interfere with this fall’s elections. Read Article

National: Trump doubles down on taking over elections, as outrage builds | Matt Cohen/Democracy Docket

Congress members, state election chiefs, and voting rights advocates are decrying President Donald Trump’s insistence that the federal government wrest control of elections from the states. “Any calls to ‘nationalize’ our elections are a power grab by the Trump Administration,” Rebekah Caruthers, the president and CEO of Fair Elections Center, told Democracy Docket. “Our Constitution says that Congress and the states set the rules for our elections, and the hardworking election officials in thousands of jurisdictions all over the country run them—not the president.” Mark Lindeman, policy and strategy director at Verified Voting, echoed that view. “As president, Trump has spoken and acted as if he has unlimited power, including unlimited power to interfere in elections,” Lindeman told Democracy Docket. “Americans should expect him to cross Constitutional lines, and we should be ready to push back.” Read Article

National: Election officials keep quitting. That’s bad news for elections. | Jessica Huseman/Votebeat

A new analysis from Issue One finds that half of all counties in 11 Western states have lost their chief election official since the 2020 election, underscoring a deepening workforce crisis driven largely by stress, threats, and burnout — not electoral defeat or term limits. “This isn’t just normal turnover,” the report’s authors wrote in…

National: Steve Bannon calls for Trump to deploy ICE and military troops to polling sites – Jacob Wendler/Politico

MAGA commentator Steve Bannon voiced support for Donald Trump’s push to nationalize elections, calling on the president to deploy ICE officials and military troops to polling sites. Trump said in a Monday podcast interview that “the Republicans ought to nationalize the voting,” despite the fact that the Constitution grants states explicit jurisdiction over election administration. His call sparked outrage from Democrats and largely fell on deaf ears in the GOP — but Bannon, a conservative firebrand who has been a prominent voice in election conspiracy theories, was forceful in his support for the idea. The former White House strategist called for the Trump administration to send Immigration and Customs Enforcement officers to polling sites to prevent noncitizens from voting, citing a debunked conspiracy theory about widespread voter fraud in the 2020 election. Read Article

National: Trump’s Call to ‘Nationalize’ Elections Adds to State Officials’ Alarm | Nick Corasaniti/The New York Times

President Trump’s declaration that he wants to “nationalize” voting in the United States arrives at a perilous moment for the relationship between the federal government and top election officials across the country. While the executive branch has no explicit authority over elections, generations of secretaries of state have relied on the intelligence gathering and cybersecurity defenses, among other assistance, that only the federal government can provide. But as Mr. Trump has escalated efforts to involve the administration in election and voting matters while also eliminating programs designed to fortify these systems against attacks, secretaries of state and other top state election officials, including some Republican ones, have begun to sound alarms. Some see what was once a crucial partnership as frayed beyond repair. They point to Mr. Trump’s push to overturn the 2020 election, his continued false claims that the contest was rigged, the presence of election deniers in influential government positions and his administration’s attempts to dig up evidence of widespread voter fraud that year, even though none has ever been found. Read Article

National: FBI invites state election officials to an ‘unusual’ briefing on the midterms | Jane C. Timm/NBC

Days after a tense gathering in Washington, D.C., laid bare growing acrimony between President Donald Trump’s administration and state election officials, the FBI invited those same officials to discuss “preparations” for the midterm elections. The invitation, is scheduled for Feb. 25. It will include the FBI, the departments of Justice and Homeland Security, the U.S. Postal Inspection Service and the Election Assistance Commission. The invitation, which was sent this week, according to the election official, was signed by Kellie M. Hardiman, who identified herself as an “FBI Election Executive.” A LinkedIn page for Hardiman says she was appointed seven months ago. The official who was invited and requested anonymity to speak candidly called it “unusual and unexpected,” adding that they planned to attend. Read Article

National: Top Republicans throw cold water on ‘nationalizing’ elections | Nina Heller/Roll Call