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Trump Is Trying to Gain More Power Over Elections. Is His Effort Legal?
President Trump pushed on Tuesday to hand the executive branch unprecedented influence over how federal elections are run, signing a far-reaching and legally dubious order to change U.S. voting rules.
The executive order, which seeks to require proof of citizenship to register to vote as well as the return of all mail ballots by Election Day, is an attempt to upend centuries of settled election law and federal-state relations.
The Constitution gives the president no explicit authority to regulate elections. Instead, it gives states the power to set the “times, places and manner” of elections, leaving them to decide the rules, oversee voting and try to prevent fraud. Congress can also pass election laws or override state legislation, as it did with the Voting Rights Act of 1965.
Yet Mr. Trump’s order, which follows a yearslong Republican push to tighten voting laws out of a false belief that the 2020 election was rigged, bypasses both the states and Congress. Republican lawmakers in Washington are trying to pass many of the same voting restrictions, but they are unlikely to make it through the Senate.
The order’s most eye-catching provisions are the requirements of proof of citizenship and the return of mail ballots by Election Day.
But the order, which threatens to withhold federal funding from states that do not comply with it, includes a range of other measures.
It seeks to give federal agencies, including the Elon Musk-led team known as the Department of Government Efficiency, access to state voter rolls to check “for consistency with federal requirements.” It aims to set new rules for election equipment, which could force states to replace voting machines that use bar codes or QR codes. And it instructs the U.S. attorney general to hunt for and prosecute election crimes.
Is this legal?
Probably not all of it, legal experts say — and voting rights groups and state attorneys general are already signaling that they will file challenges.
Several experts predicted that provisions of the order might well be found unlawful, though they said that others, like directions to Mr. Trump’s attorney general and other cabinet members, fell within legal bounds.
“It’s an attempt at a power grab,” said Richard L. Hasen, an election law expert at the University of California, Los Angeles. “The president has been seen in the past as having no role to play when it comes to the conduct of federal elections, and this attempt to assert authority over the conduct of federal elections would take power away from both an independent federal agency and from the states.”
What parts might be challenged?
A central question surrounds Mr. Trump’s attempt to use the Election Assistance Commission, a federal agency that Congress created in 2002 to help election officials with their work, to enforce the proof-of-citizenship requirement.
Currently, Americans may register to vote in federal elections either through their state or by using a federal form created by the E.A.C. The form includes a box that registrants check to attest, under penalty of perjury, that they are U.S. citizens, but it does not require documentation as proof.
The executive order would force the E.A.C. to change that process to require a passport, state identification that includes citizenship information or military identification.
Legal experts dispute that Mr. Trump has the authority to force the agency, which Congress designated as “independent” and which includes two commissioners from each party, to take any action.
“He can ask nicely,” said Justin Levitt, a professor of constitutional law at Loyola Marymount University who served in the Biden administration. “But he thinks he’s got a power that, at least so far, he does not have. It would take a change in the law and the Supreme Court affirmatively approving a radical expansion of power of the executive.”
Legal experts say the provision requiring all ballots to arrive by Election Day also probably exceeds the president’s legal authority, particularly the threat to withhold federal funding from those states that do not comply. (Seventeen states currently allow mail ballots postmarked by Election Day to be counted if they arrive soon afterward.)
“If the president is basically usurping the power of the purse by imposing limits on these grants that Congress itself did not impose, that could be the basis for constitutionally challenging these conditions,” said Laurence H. Tribe, a professor emeritus at Harvard Law School.
Mr. Trump’s attempt to force states to turn over voter data to Mr. Musk’s team and federal agencies recalls a similar program from the first Trump administration, a commission on “election integrity” led by Kris Kobach, who is now the Kansas attorney general.
The commission sought data from all 50 states, but 44 of them refused to comply. The Republican secretary of state in Mississippi told the commission to “go jump in the Gulf of Mexico.”
What is the potential impact on voters and elections?
If the full order were to stand, it could potentially disenfranchise millions of Americans and cost state and local governments millions of dollars.
About 21.3 million people do not have proof of citizenship readily available, according to a 2023 study by the Brennan Center for Justice, a voting rights and democracy group. Nearly four million people do not have the documents at all because they were lost, destroyed or stolen. The executive order does not allow for birth certificates to prove citizenship.
It is also unclear whether women who have changed their surname after marriage will face new hurdles in proving their citizenship.
The order could also lead election officials to throw out sizable numbers of ballots that arrive after Election Day. For example, in Nevada’s two largest counties in the 2022 general election, about 45,000 ballots arrived after Election Day and were counted, according to state data. In Washington State, Kim Wyman, a Republican former secretary of state, estimated that “about a third of the ballots in any given election” arrived on the Wednesday or Thursday after Election Day.
The order could put states in deep budget holes, as well. Many states, including the battlegrounds of Georgia and Pennsylvania, use voting machines with bar codes or QR codes. Replacing them would cost millions of dollars that the order does not provide.
Republicans won in 2024. Why do they want to change voting laws?
Mr. Trump has made specious claims about voter fraud for decades, but since his 2020 election loss and the 2021 Capitol riot, he has pushed the issue to the center of Republican politics.
Even though voter fraud is exceedingly rare, nearly every speech of Mr. Trump’s 2024 campaign included false claims that noncitizens were voting in American elections. He also railed against mail voting, even as Republican groups successfully pushed more of the party’s voters to cast ballots that way.
Jason Snead, the executive director of the Honest Elections Project, a conservative advocacy group tied to the activist Leonard Leo, said the executive order was simply enforcing laws already passed by Congress. He referred to a ruling from a federal appeals court that found that Congress’s selection of a federal Election Day meant all voting must be completed by that day, with no late-arriving ballots permitted.
“The executive order is acting well within the four corners of those existing laws, so we’re not breaking new ground in terms of legal authority,” Mr. Snead said. “We’re not breaking new ground in terms of the relationship between the federal government and the states.”
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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP
The Supreme Court
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The Supreme Court on Monday intervened in New York’s redistricting process, blocking a lower court decision that would likely have flipped a Republican congressional district into a Democratic district.
At issue is the midterm redrawing of New York’s 11th congressional district, including Staten Island and a small part of Brooklyn. The district is currently held by a Republican, but on Jan. 21, a state Supreme Court judge ruled that the current district dilutes the power of Black and Latino voters in violation of the state constitution.
GOP Rep. Nicole Malliotakis, who represents the district, and the Republican co-chair of the state Board of Elections promptly appealed to the U.S. Supreme Court, asking the justices to block the redrawing as an unconstitutional “racial gerrymander.” New York’s congressional election cycle was set to officially begin Feb. 24, the opening day for candidates to seek placement on the ballot.
As in this year’s prior mid-decade redistricting fights — in Texas and California — the Trump administration backed the Republicans.
Voters and the State of New York contended it’s too soon for the Supreme Court to wade into this dispute. New York’s highest state court has not issued a final judgment, so the voters asserted that if the Supreme Court grants relief now “future stay applicants will see little purpose in waiting for state court rulings before coming to this Court” and “be rewarded for such gamesmanship.” The state argues this is an issue for “New York courts, not federal courts” to resolve, and there is sufficient time for the dispute to be resolved on the merits.
The court majority explained the decision to intervene in 101 words, which the three dissenting liberal justices summarized as “Rules for thee, but not for me.”
The unsigned majority order does not explain the Court’s rationale. It says only how long the stay will last, until the case moves through the New York State appeals courts. If, however, the losing party petitions and the court agrees to hear the challenge, the stay extends until the final opinion is announced.
Dissenting from the decision were Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Writing for the three, Sotomayor said that if nonfinal decisions of a state trial court can be brought to highest court, “then every decision from any court is now fair game.” More immediately, she noted, “By granting these applications, the Court thrusts itself into the middle of every election-law dispute around the country, even as many States redraw their congressional maps ahead of the 2026 election.”
Monday’s Supreme Court action deviates from the court’s hands-off pattern in these mid-term redistricting fights this year. In two previous cases — from Texas and California — the court refused to intervene, allowing newly drawn maps to stay in effect.
Requests for Supreme Court intervention on redistricting issues has been a recurring theme this term, a trend that is likely to grow. Earlier last month the high court allowed California to use a voter-approved, Democratic-friendly map. California’s redistricting came in response to a GOP-friendly redistricting plan in Texas that the Supreme Court also permitted to move forward. These redistricting efforts are expected to offset one another.
But the high court itself has yet to rule on a challenge to Louisiana’s voting map, which was drawn by the state legislature after the decennial census in order to create a second majority-Black district. Since the drawing of that second majority-black district, the state has backed away from that map, hoping to return to a plan that provides for only one majority-minority district.
The Supreme Court’s consideration of the Louisiana case has stretched across two terms. The justices failed to resolve the case last term and chose to order a second round of arguments this term adding a new question: Does the state’s intentional creation of a second majority-minority district violate the constitution’s Fourteenth and Fifteenth Amendments’ guarantee of the right to vote and the authority of Congress to enforce that mandate?
Following the addition of the new question, the state of Louisiana flipped positions to oppose the map it had just drawn and defended in court. Whether the Supreme Court follows suit remains to be seen. But the tone of the October argument suggested that the court’s conservative supermajority is likely to continue undercutting the 1965 Voting Rights Act.
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Map: Earthquake Shakes Central California
Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown. The New York Times
A minor earthquake with a preliminary magnitude of 3.5 struck in Central California on Monday, according to the United States Geological Survey.
The temblor happened at 7:17 a.m. Pacific time about 6 miles northwest of Pinnacles, Calif., data from the agency shows.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Monday, March 2 at 10:20 a.m. Eastern. Aftershocks data is as of Monday, March 2 at 11:18 a.m. Eastern.
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US says Kuwait accidentally shot down 3 American jets
The U.S. and Israel have been conducting strikes against targets in Iran since Saturday morning, with the aim of toppling Tehran’s clerical regime. Iran has fired back, with retaliatory assaults featuring missiles and drones targeting several Gulf countries and American bases in the Middle East.
“All six aircrew ejected safely, have been safely recovered, and are in stable condition. Kuwait has acknowledged this incident, and we are grateful for the efforts of the Kuwaiti defense forces and their support in this ongoing operation,” Central Command said.
“The cause of the incident is under investigation. Additional information will be released as it becomes available,” it added.
In a separate statement later Monday, Central Command said that American forces had been killed during combat since the strikes began.
“As of 7:30 am ET, March 2, four U.S. service members have been killed in action. The fourth service member, who was seriously wounded during Iran’s initial attacks, eventually succumbed to their injuries,” it said.
Major combat operations continue and our response effort is ongoing. The identities of the fallen are being withheld until 24 hours after next of kin notification,” Central Command added.
This story has been updated.
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