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Trump Is Trying to Gain More Power Over Elections. Is His Effort Legal?

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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.

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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.

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.”

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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.”

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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.”

If the full order were to stand, it could potentially disenfranchise millions of Americans and cost state and local governments millions of dollars.

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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.

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.

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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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‘No Cake, No Entry’: More Than 1,000 Picnic to Celebrate the Love of Cake

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‘No Cake, No Entry’: More Than 1,000 Picnic to Celebrate the Love of Cake

More than a thousand people gathered for a picnic on Saturday around tables draped with white tablecloths and spread over the lawn of the Legion of Honor art museum in San Francisco.

There was just one rule: “No cake, no entry.”

Attendees — including pastry chefs, home bakers and people with store-bought cakes — walked, drove and flew to bring elaborate cake creations to Cake Picnic, a touring festival where you can have your cake and eat it, too.

“It was harder to get than a Taylor Swift concert ticket,” said Elisa Sunga, Cake Picnic’s organizer, noting that the $15 tickets sold out in less than a minute.

This Cake Picnic turned out to be the biggest since it started nearly a year ago. Ms. Sunga described the intense interest in the festival as both “exciting” and “terrifying.”

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A spectacular variety of cakes adorned the tables, including: a light lemon cake with passion fruit filling, a tower made out of smaller spongecakes, Jell-O cake, pink champagne cake, a kid-baked dinosaur pyramid cake, and plenty of desserts with flowery ornaments.

In the first hour, picnickers placed their cakes on stands and crammed them onto the tables. Then, after the arranging was complete, came that fleeting and glorious moment: The crowd gawked and took photos of the 1,387 cakes, both sweet and savory, in their pristine, unsliced form.

After the photos were taken, the ensuing buffet was an act of controlled chaos.

Smaller groups went up for cakewalks. Each person was given a pastry box and instructed to collect slices at will. Once everyone had a turn, the tables were opened for ravenous seconds, thirds and fourths, until no crumbs were left behind.

In April 2024, Ms. Sunga, a 34-year-old home baker, hoped to gather about a dozen people in Potrero del Sol Park in San Francisco to sit in a circle and eat cakes that they had baked and brought.

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“It started primarily because I wanted to eat a lot of cake,” Ms. Sunga said. “I love cake.”

She posted the gathering on the invitation app Partiful, and it took off. Hundreds of people responded.

After the first event in April 2024, she took the cake show on the road, first to Los Angeles, then to New York and then back to San Francisco in November — “places with cake communities,” she said. At the last picnic, 613 cakes were on display.

“It’s not my full-time job, but I would love to travel full time for cake,” said Ms. Sunga, who works at Google. “It’s taken on a life of its own.”

Ms. Sunga, who brought two red velvet cakes of her own, said chefs from well-known bakeries, such as Tartine and SusieCakes, attended.

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The Legion of Honor, the picnic venue, opened a special exhibit last week, “Wayne Thiebaud: Art Comes from Art,” celebrating Mr. Thiebaud, who died in 2021 and is most famous for his decadent paintings of cakes and confections.

The Cake Picnic aimed to turn his dessert still lifes into a “living tribute,” according to the museum’s website.

Joyce Lim, 32, who lives in San Francisco, called herself a Cake Picnic “groupie.” She said that she has baked for every Cake Picnic so far and will attend future picnics set for London and New York. (A two-day April picnic in Carlsbad, Calif., is sold out.)

Ms. Lim, an architect, said she has embraced cake baking for the picnics after at first being intimidated by it. On Saturday, she brought a scallion-pancake focaccia cake with chili-crisp cream cheese frosting and crème fraîche.

“I enjoy procrasti-baking, basically baking instead of handling my other life responsibilities,” Ms. Lim said.

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She said she has been impressed by the creativity and diversity of cakes that people bring. Her cake might just top her previous elaborate entries: a kabocha cake layered with ginger-poached pears and miso-caramel cream cheese frosting, and a smörgåstårta, a Swedish cake with rye layers, hard-boiled eggs and caper filling.

Brenna Fallon, one of dozens of volunteers at the picnic, said that the brief period after the cakes are laid out and before the buffet begins is an “‘Alice in Wonderland’ moment.”

“Everybody is just gleefully going through the aisles,” said Ms. Fallon, 34, who is from Walnut Creek, Calif. “People are plotting — which cakes do they want to make a beeline for when they get in?”

Ms. Fallon, an amateur baker who brought an Earl Grey chocolate cake with a salty buttercream, said that a feeling of celebration was in the air.

“It’s a slice of life,” she said. “It feels like a big picnic with a bunch of friends you just don’t know yet.”

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Dutch pensions to invest €100bn in risky assets boosting Europe’s defence efforts

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Dutch pensions to invest €100bn in risky assets boosting Europe’s defence efforts

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Dutch pension funds are set to plough tens of billions of euros into risky assets in Europe, as their move to a system without fixed benefits supports the continent’s efforts to attract investment and bolster its defence sector.

Reforms being rolled out in the Netherlands could lead to its €2tn pensions industry — one of the largest in the world — boosting investment in private equity and credit investments by about 5 percentage points over the next five years, said the head of the biggest Dutch asset manager.

The “largest part” of the anticipated €100bn is expected to be deployed in Europe owing to “more attractive valuations” and a wish to have a “real-world impact”, Ronald Wuijster, chief executive of APG Asset Management, told the Financial Times.

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He added that Dutch funds might be able to do “even more” to finance defence initiatives in the continent, saying that APG had already invested about €2bn in companies that contribute to the defence industry.

Wuijster’s comments came as the EU has been under pressure to raise defence investment, with former European Central Bank president Mario Draghi last year calling on the bloc to boost investments by €800bn annually to keep up with US and China. US President Donald Trump has also demanded governments shoulder a greater burden for Europe’s security.

“There used to be a penalty for private investments and for credit risk that is now diminishing, which increases the budget to take more risk,” Wuijster said.

He added that the reforms would allow investors to consider assets with “a slightly higher risk profile”, predicting an increase of “five-ish” percentage points in risky assets, as well as higher allocation to private assets and credit spreads. 

In 2023, Dutch senators passed a law to transition the country’s occupational pension system into a model in which pension funds no longer guarantee a fixed retirement income to members. The transition is expected to take place between 2025 and 2028.

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The old defined benefit system pushed the schemes into liquid, low-risk assets such as government bonds by requiring pension funds to closely match assets with long-term pensions owed.

The funds will now be able to set target returns that can fluctuate with market movements, removing some liability driven constraints and increasing their risk appetite.

This was a significant step because “psychologically, it puts the funds closer to regular lifecycle investing . . . and on that measure, Dutch pensions are probably taking too little risk”, Wuijster said. 

ABP, which is responsible for the pensions of Dutch civil servants and is by far the largest fund managed by APG with €544bn of assets, expects to transition to the new system by 2027.

At the end of last year, just over a quarter of ABP’s assets were in private markets. About 40 per cent of its private equity exposure was in Europe, which also had 57 per cent of its global allocation in private credit.

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Wuijster said this geographical balance could continue under the new system, and that the shift into private assets and credit would be “a very gradual process” taking place “over the next five years”. 

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FCC chair opens investigation into Disney and ABC over DEI practices

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FCC chair opens investigation into Disney and ABC over DEI practices

The Walt Disney Co. logo appears on a screen above the floor of the New York Stock Exchange on Aug. 8, 2017.

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Richard Drew/AP

Brendan Carr, who was picked by President Trump to chair the Federal Communications Commission, said he’s ordering an investigation into the Walt Disney Co. and its ABC television network over concerns that they are “promoting invidious forms of DEI discrimination,” referring to diversity, equity and inclusion practices.

In a letter to Disney CEO Robert Iger, Carr said the FCC’s Enforcement Bureau will review whether Disney or ABC have violated any FCC equal employment opportunity regulations. He added that the probe will apply to both past and current policies.

“Numerous reports indicate that Disney’s leadership went all in on invidious forms of DEI discrimination a few years ago and apparently did so in a manner that infected many aspects of your company’s decisions,” Carr wrote on Thursday.

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The inquiry comes after Disney scaled back its diversity efforts, either by dropping certain initiatives or softening language around DEI.

Among the changes, Disney+ shortened its warning about racist stereotypes on certain classic movies, like Aladdin and The Jungle Book, removing a longer message written in 2020 that also expressed the company’s commitment to an inclusive community.

Last month, Disney also told employees it would replace “Diversity & Inclusion” for “Talent Strategy” as a performance factor to evaluate executive compensation, Axios reported.

In the letter on Thursday, Carr said although he acknowledged Disney’s recent efforts, he wanted to make sure they were not just surface-level, adding that “all discriminatory initiatives” needed to come to an end.

“Although your company recently made some changes to how it brands certain efforts, it is not clear that the underlying policies have changed in a fundamental manner,” he said.

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Carr took issue with Disney’s Reimagine Tomorrow initiative, which he accused of being a “mechanism for advancing its DEI mission.” The initiative’s social media described itself as a platform meant to amplify “stories and storytellers that inspire a more inclusive world.” While some of its social media accounts remain active, the Reimagine Tomorrow website itself was taken down last month, according to archived versions on the Internet Archive. Axios first reported the website deletion.

Carr also cited a 2020 memo outlining ABC’s updated inclusion standards, which required at least 50% of regular and recurring characters must be drawn from “underrepresented groups.” The same applied for actors and writing staff, according to The Hollywood Reporter.

In a statement, Disney said: “We are reviewing the Federal Communications Commission’s letter, and we look forward to engaging with the commission to answer its questions.”

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