In February 2026, President Donald Trump has initiated efforts to unilaterally overhaul U.S. election rules, primarily through proposed executive actions aimed at the 2026 midterm elections. These moves have sparked significant legal and constitutional debate regarding the limits of executive power over state-run elections.

 

Trump moves to rewrite election rules unilaterally

In February 2026, President Donald Trump has initiated efforts to unilaterally overhaul U.S. election rules, primarily through proposed executive actions aimed at the 2026 midterm elections. These moves have sparked significant legal and constitutional debate regarding the limits of executive power over state-run elections.

 

Key Unilateral Proposals

National Voter ID & Citizenship Requirements: Trump has directed the White House counsel to explore an executive order requiring photo identification at all polling locations and documentary proof of citizenship for voter registration.

Ban on Mail-In Ballots & Voting Machines: Draft proposals suggest a ban on mail-in ballots and certain voting machines, with the administration citing concerns over foreign interference—claims that intelligence reviews have previously found to be without credible evidence.

Strict Ballot Deadlines: He has advocated for a near-total prohibition on mail-in voting (except for specific cases like military service) and a mandate that all ballots be received by Election Day.

Legal and Constitutional Challenges

The Elections Clause: Legal experts and organizations like Issue One point to Article I, Section 4 of the Constitution, which grants states—not the president—the primary authority to set the "Times, Places and Manner" of elections.

Court Rulings: Federal judges have already struck down previous attempts by the administration to change voting regulations by executive order. For instance, U.S. District Judge Colleen Kollar-Kotelly ruled that the Constitution does not allow a president to impose such unilateral changes.

Independent Agencies: Efforts to direct the Election Assistance Commission (EAC) to change federal registration forms have been challenged because the EAC is a bipartisan, independent agency that operates under congressional, not presidential, mandates.

Trump’s move to act "unilaterally" is largely seen as a response to the stalling of the SAVE Act in the Senate. He has publicly stated he will implement these rules "whether approved by Congress or not". Critics argue these measures could disenfranchise millions of citizens who lack immediate access to birth certificates or passports.