Sharing the Facts about Federal Overreach of States’ Authority to Administer Elections

On March 25, President Trump issued an unlawful executive order that attempts to radically change how we administer elections in the United States. His proposals are nothing short of a power grab that would trample on the constitutional authority of both state governments and Congress.

The order represents multiple forms of executive overreach. It directs an independent bipartisan federal agency, the Election Assistance Commission (EAC), to impose voter registration mandates on all fifty states. The EAC was created by Congress after the 2000 election “to help election officials improve the administration of elections and help Americans participate in the voting process.” In practice, this means EAC provides technical support through measures like certifying voting equipment and providing grants for infrastructure upgrades. The new executive order, however, attempts to assert control over an independent bipartisan federal agency and seeks to compel it to enact fundamental changes without any legal authority.

The executive order also flies in the face of explicit Constitutional provisions, which say that states primarily determine the “times, places and manner” of federal elections. State officials determine voting and vote counting methods, but the new executive order seeks to impose restrictions on the deadline by which states can receive legitimately cast ballots. Moreover, the EO threatens to withhold funding for critical safety programs (unrelated to elections) if states fail to comply with the President’s preferred election policies.

155 million Americans voted in last November’s federal, state, and local elections, and they were phenomenally smooth—indeed free, fair, and secure. The vast majority of voters believed the election was run well. Nevertheless, this latest executive order additionally proposes to send DOGE into states’ voter registration systems, despite the fact that state officials already have systems in place to ensure clean and accurate election rolls.

Here are some key takeaways about states’ constitutional authority over election administration and the new executive order:

• In America, elections are run by the states.
  • Our Constitution is very clear: states are responsible for administering our elections.
  • In the federal government, only Congress has the power to set election laws.
• The executive order is an unconstitutional attempt by the President to grab power away from Congress and the states.
  • This attempted overreach poses a threat to our decentralized, nonpartisan system of election administration.
• Our state-based election system is part of the American tradition of checks and balances to keep government working for the people. It’s how we keep our elections free, fair, and secure.
  • State-administered elections ensure they are run by people who know what works best for their own community.
  • The 2024 elections were secure and accurate, thanks in large part to voting systems and regulations administered by state officials.
• The freedom to vote is a foundational American value. And it’s one that states deliver on in every election cycle.
  • States have strong checks and balances in place to ensure their elections are secure and accurate, with layers of safeguards in place set by state and federal law.
  • States do not need DOGE or the executive branch accessing people’s personal information or disrupting systems that effectively delivered results just a few months ago.