Center for American Progress

Presidents Cannot Take Over Elections by Declaring a National Emergency

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VideoAugust 14, 2026 Aug 14, 2026

Presidents Cannot Take Over Elections by Declaring a National Emergency

The U.S. Constitution gives presidents no authority to unilaterally impose election rules, instead vesting that power primarily in states (with Congress as a backstop), which have successfully administered free and fair elections through prior emergencies.

Restoring Social Trust in Democracy, Democracy, Elections, Politics and Elections, Trump Administration +2 More

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President Donald Trump may be preparing to declare a national emergency to hijack our elections and cement his political power. But presidents have zero constitutional role in elections. That power is reserved only to the states, with Congress as a backstop. The administration wants to cast doubt on U.S. elections and scare people from voting, part of a plan to engineer election results.

The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. American Progress would like to acknowledge the many generous supporters who make our work possible.

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Michael Sozan

Senior Fellow, Democracy and Government

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