Trump allies draft emergency order for federal control over elections

The draft was co-authored by Florida attorney Peter Ticktin and MAGA activist Ivan Raiklin. Ticktin acknowledged directly to the Post and ABC News that the Constitution gives state legislatures — not the president — control over elections: 'The Constitution basically gives the power to the state legislators...the President doesn't have any power to change that.' His argument is that foreign interference by China creates an exception activating presidential emergency authority under the National Emergencies Act of 1976 and the International Emergency Economic Powers Act.

The core legal justification — Chinese interference in the 2020 election — is factually wrong. The 2021 U.S. intelligence community review the draft cites concluded that China 'considered but did not deploy influence efforts intended to change the outcome' of the 2020 election. The premise of the entire emergency declaration is directly contradicted by the government's own findings. Ticktin told ABC News he has been in contact with MAGA figures including Michael Flynn, MyPillow CEO Mike Lindell, and Patrick Byrne during the drafting process.

Conservative attorney Cleta Mitchell has made multiple recent visits to the White House and is a key figure connecting the draft to the administration. Mitchell was on the recorded January 2, 2021 phone call where Trump pressured Georgia Secretary of State Brad Raffensperger to find 11,780 votes. She told a podcast in September 2025 she thinks 'the president is thinking that he will exercise some emergency powers to protect the federal elections going forward,' framing it as legitimate governance rather than an extraordinary act.

The draft's specific provisions go further than just banning mail ballots: it would require hand-marked, hand-counted paper ballots; require all voters to re-register for the 2026 midterms with proof of citizenship; restrict mail ballots to limited circumstances; and authorize the DOJ, USCIS, the Social Security Administration, and the Postal Service to identify ineligible voters. The draft also cites the Defense Production Act of 1950 and the Federal Information Security Modernization Act of 2014 as legal authorities.

Separately and simultaneously, Trump directed his White House counsel to explore a parallel executive order requiring proof of citizenship for voter registration and photo ID at polling places nationwide. Trump posted on February 13: 'There will be Voter ID for the Midterm Elections, whether approved by Congress or not! Also, the People of our Country are insisting on Citizenship, and No Mail-In Ballots.' OMB Director Russell Vought and White House staff secretary Will Scharf are overseeing the White House counsel review.

The Justice Department has requested voter rolls from at least nine states under the National Voter Registration Act. Federal law gives DOJ authority to ensure states maintain their rolls — it does not expressly authorize the agency to review the rolls themselves. The draft emergency order would additionally authorize the DOJ, USCIS, SSA, and the Postal Service to cross-reference voter files to identify ineligible registrants.

Jerome Corsi, the conspiracy theorist, is connected to the draft's circulation — the Washington Post reported the order has been circulating since at least July 2025, traced through conservative circles including Corsi. Ticktin separately said he has had 'certain coordination' with White House officials but declined to specify who, citing safety concerns. His previous White House-connected work resulted in a presidential action: Trump pardoned Tina Peters, the Colorado clerk Ticktin represents who is serving nine years for breaking into voting equipment — though the pardon had no effect because it was a state crime.

Voting rights experts, democracy advocates, and at least one state election official told Democracy Docket that any attempt to federalize voting mechanics through an emergency declaration would be blatantly unconstitutional. No president has ever used emergency powers to override state election administration. Courts have already blocked parts of earlier Trump election executive orders, and legal experts say a challenge would be filed in every affected state within hours of any such declaration.