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Trump's Election Shake-Up: Can He Really Do That?
USAThursday, March 27, 2025
The Constitution gives states the power to determine the "times, places, and manner" of elections. This means that elections are run by local officials and volunteers, not the federal government. The "Elections Clause" also gives Congress the power to regulate elections for federal offices, but it does not mention any presidential authority over election administration. Becker emphasized that when nationwide voting issues arise, they are typically addressed through Congress, not executive orders.
Trump's order also targets the Election Assistance Commission, an independent agency. The order instructs the EAC to amend its voter registration form and guidelines for voting systems, which some experts argue is beyond the president's authority. This move is part of a broader trend of Trump seeking to consolidate power over independent agencies.
The order could face additional legal challenges if it prevents eligible voters from casting their ballots. Millions of Americans may not have the required documents to prove their citizenship, potentially disenfranchising them. The order also grants the Department of Homeland Security and the Department of Government Efficiency access to state voter registration lists, raising concerns about data privacy and voter intimidation.
Legal challenges are already on the horizon. Groups like the ACLU, Campaign Legal Center, and Common Cause are reviewing the order for possible lawsuits. State officials have mixed reactions, with some Republicans supporting the order and Democrats expressing concerns about its legality.
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