Who Controls Elections?

Donald Trump has repeatedly claimed that the president should have broad authority to change how elections are conducted—particularly when it comes to abolishing mail-in voting and voting machines. As recently as August 2025, Trump pledged to issue an executive order banning mail-in ballots and voting machines ahead of the 2026 midterm elections, insisting that states must comply with his directive because, in his words, “States act merely as ‘agents’ for the Federal Government when it comes to counting and tabulating votes.… They are required to follow what the Federal Government, represented by the President of the United States, instructs them to do, FOR THE GOOD OF OUR COUNTRY”.

But this isn’t the first time he has suggested that he could control the election process.  In March 2025, Trump issued a major executive order titled “Preserving and Protecting the Integrity of American Elections” that aims to expand presidential control over the election process.  The order attempts to direct the Election Assistance Commission (EAC) — an independent, bipartisan agency — to mandate that voters show a passport or other similar document proving citizenship when registering to vote using the federal voter registration form.  The executive order has been the subject of extensive litigation, and several federal judges have issued injunctions against various portions of it.

Amid the COVID-19 pandemic during his first term, President Trump publicly suggested delaying the election. Constitutional scholars and members of Congress quickly pointed out he lacked such authority—the date of federal elections is set by statute, and only Congress could change it.

The U.S. Constitution provides a clear framework for who holds the authority to control elections, and it is not the president.

Article I, Section 4: Congressional and State Authority

The main constitutional authority over U.S. elections is found in Article I, Section 4, commonly called the “Elections Clause.” It states:

“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations…”

This language charges state legislatures with defining the details of congressional elections, including logistics and procedures. Importantly, Congress retains the power to override state laws and impose federal rules—such as standardized Election Days or regulations for voter registration and districting.

What does this mean for the president? The Constitution is clear: the president has no direct authority to determine the conduct of congressional elections or to unilaterally change the way federal elections are held. Presidential influence over elections is limited to signing or vetoing congressional legislation, not acting alone.

Article II and the 12th Amendment: Presidential Elections

Presidential elections are regulated by Article II, which created the Electoral College, and by the 12th Amendment .

Article II, Section 1 provides:

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…”

States arrange how their presidential electors are selected, subject to changes imposed by congressional law. The federal government, through Congress (not the president!), determines the timing of choosing electors and casting electoral votes. The 12th Amendment sets procedures for how electors meet and vote for both president and vice president.

Again, neither Article II nor the 12th Amendment gives the president authority to independently set election rules. At most, the president can recommend reforms, sign laws crafted by Congress, and advocate for certain policies.

Historical Examples of Limits on Presidential Power Over Elections

Even during national crises, presidents have not been able to unilaterally change election rules:

  • 1864 Election (Lincoln): Despite the Civil War, Abraham Lincoln did not postpone or suspend the presidential election. Elections were carried out in the states, including special arrangements for soldiers to vote.
  • 1944 Election (Roosevelt): In the midst of World War II, Franklin Roosevelt stood for re-election. Again, no effort was made by the president to change election laws.

Presidential Powers: What Can the Executive Branch Do?

The president’s responsibilities in elections are more limited than you might expect and are essentially ministerial and ceremonial, not regulatory.

The executive power in Article II invests the president with broad national leadership, command of the military, and responsibility to “take Care that the Laws be faithfully executed”. This can include enforcing voting rights laws and overseeing federal agencies that support election integrity. However, the Constitution and decades of legal precedent restrict the president from directly controlling election rules.

  • The president cannot by executive order change state rules for voting methods (e.g., mail-in voting, voting machines).
  • The president cannot unilaterally suspend or postpone federal elections.
  • The president cannot direct states to alter their voter registration, polling locations, or other administrative details.
  • The president has no role in certifying state results. That function belongs to state officials, with Congress responsible for counting electoral votes.
  • The president can direct federal agencies like the Department of Justice to enforce federal election laws, protect voting rights, and intervene in cases of fraud or intimidation.  The president does not have the authority to direct federal agencies to act in a manner contrary to the law.

When presidents have sought to influence election administration more directly, courts and Congress have reaffirmed the constitutional boundaries. For example, efforts to change the date of an election or prohibit certain voting methods without congressional action have consistently failed in the courts.

Congressional Power: The Real Check on Election Rules

While state legislatures remain the primary manager of elections, Congress retains the final word. The Supreme Court has confirmed that congressional law “preempts” conflicting state rules in matters of federal elections. When Congress acts—through laws like the Voting Rights Act, Help America Vote Act, and the National Voter Registration Act—states must comply, and the president’s role is simply to sign or veto those laws.

Congress has used its power over the years to:

  • Set a uniform national Election Day.
  • Establish protections for disabled voters and overseas citizens.
  • Mandate requirements around voter registration and accessibility.
  • Regulate campaign finance and transparency.

Checks, Balances, and Modern Tensions

Recent political debates have seen calls for presidents to take stronger action on election oversight, especially regarding the use of mail-in ballots or voting machines. However, these calls run up against clear constitutional limits: the president cannot rewrite the rules of elections without Congress or state legislatures.

Any presidential attempt to do so by executive order would face swift legal challenges and almost certainly be invalidated. The intent of the Framers was to divide election power between the states and Congress, with the president largely excluded from direct rule-making authority. This balance—central to federalism—protects elections from potential abuses of executive power and ensures that reforms require broad democratic consensus. While presidents can champion reforms and enforce federal laws supporting fair elections, they are constitutionally forbidden from unilaterally changing election rules.

Conclusion

The framework isn’t perfect—it can create confusion when state and federal authorities clash. But the basic principle remains: states run elections. Congress can regulate them within constitutional bounds, and presidents enforce the resulting laws.

For citizens, lawmakers, and presidents alike, respect for these boundaries secures the foundation of American democracy. The right to vote—and the integrity of how that vote is counted—is protected not by any single leader, but by enduring constitutional principles and the shared power of states and Congress.