Kenneth Glad
Legal experts are examining how far presidential emergency powers could extend into election administration ahead of the November midterms. The scrutiny follows months of disputed claims about voting security and foreign interference.
A national emergency declaration would not automatically allow a US president to take control of American elections. Any extraordinary presidential authority would still depend on powers granted under existing law, while election administration remains subject to constitutional limits and potential court challenges.
That legal boundary has moved into sharper focus as President Donald Trump and members of his administration continue to question aspects of US election security. According to The Guardian, voting specialists and lawyers are now considering whether the White House could try to present election-related disputes as matters of national security.
Such a move would be unprecedented in US presidential elections.
Legal questions move forward
Scrutiny intensified after Trump used a primetime television address in July to make a series of claims about foreign interference and weaknesses in American election systems.
The Guardian reported that federal agencies later published declassified material dealing with voting technology, foreign access to election-related data and alleged voting by noncitizens. Some of the material concerned issues already examined publicly, while critics questioned the methodology behind several administration estimates.
Aria Branch, a partner at Elias Law Group who has challenged previous Trump administration measures involving election rules, told the British newspaper that she believes officials may be looking for a legal basis to expand federal involvement.
Trump has not dismissed the possibility of declaring an election-related emergency. Asked earlier in August by conservative broadcaster Wayne Allyn Root whether he could declare a national security emergency concerning elections, Trump replied: “Let me just say, stranger things have happened, OK?” He added: “I’ll leave it at that.”
Former Trump strategist Steve Bannon has been more explicit. Speaking on his War Room program on 29 July, he predicted that emergency action was approaching.
“Take your No 2 pencil out,” Bannon said. “It’s coming. It’s coming. Just block the last week of August out. It’s coming.”
Congress adds political pressure
TV 2 interviewed Derek Beach, a political science professor at Aarhus University who specializes in US politics. Beach said the administration appeared to be building an argument that American elections face serious external threats.
One scenario he considered was the federal seizure of election materials on the grounds of suspected foreign interference. Beach emphasized that any such action would almost certainly be challenged in court.
Control of Congress provides another reason for the intense focus on November. A Republican loss in either the House or Senate could restrict the administration’s ability to pursue its agenda during the remainder of Trump’s term.
Beach told the Danish broadcaster he strongly doubts that the Trump administration would succeed in substantially influencing the election process. His broader concern is the effect repeated challenges to election legitimacy could have on public confidence in democratic institutions.
The White House has not ruled out an emergency declaration, while declining to comment on what it considers hypothetical scenarios.
It has instead promoted the SAVE America Act. The legislation would require documentary proof of citizenship for voter registration, impose tighter identification requirements and give federal authorities a larger role in examining state voter rolls.
Declaring an emergency would not, on its own, give Trump control over election administration. Any move in that direction would still be constrained by existing law and open to court challenges.
Sources: The Guardian, TV 2, Save America Act
