An open letter to the U.S. Congress

Congress Must Act Against Calls To “Nationalize” Voting

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CONGRESS MUST IMMEDIATELY REPUDIATE ANY PRESIDENTIAL CLAIM TO “NATIONALIZE” ELECTIONS As your constituent, I am deeply alarmed by recent reporting that President Trump urged Republicans to “nationalize” voting or “take over” election administration in multiple locations. This rhetoric points toward a scheme the President has no constitutional authority to carry out and dangerously undermines public confidence in lawful elections. THE CONSTITUTION VESTS ELECTION ADMINISTRATION IN STATES AND CONGRESS, NOT THE PRESIDENT The Constitution is explicit. Under Article I, Section 4, states prescribe the times, places, and manner of congressional elections, and Congress may alter those rules only by law - meaning legislation enacted by Congress, not executive action. Presidential elections are likewise grounded in state authority under Article II, which assigns the appointment of electors to the states, not to the President. There is no constitutional basis for presidential control, seizure, or federalization of state election machinery. PRESIDENTIAL RHETORIC ASSERTING UNGRANTED AUTHORITY CAUSES INSTITUTIONAL HARM Even absent a formal plan, repeated public claims that elections should be “nationalized” inflict real institutional harm. When a sitting President publicly asserts authority the Constitution does not grant, that assertion alone destabilizes lawful election administration, pressures state officials, and signals to voters that election outcomes are subject to executive approval rather than the rule of law. History shows that erosion of confidence in electoral legitimacy is itself a democratic injury. Congress cannot afford to treat this harm as abstract or rhetorical. FEDERAL LAW ENFORCEMENT PRESENCE NEAR POLLING SITES RISKS VOTER INTIMIDATION Congress has long recognized that visible law enforcement presence near polling places can suppress lawful voting, even without direct interference. Federal law prohibits voter intimidation and has been enforced based on the chilling effects of conduct that reasonably deters participation, not only overt acts. Longstanding federal election guidance reflects this concern, particularly for communities historically subject to intimidation or coercion. Public discussion or uncertainty about federal agents near polling sites therefore warrants immediate Congressional oversight. CONGRESS MUST EXERCISE OVERSIGHT AND DEFEND CONSTITUTIONAL ELECTION STRUCTURES Congress has both the authority and the obligation to respond when a President publicly promotes ideas that conflict with the Constitution. Silence risks normalizing claims that elections are subject to presidential control, when in fact they are not. CONGRESS MUST TAKE PUBLIC AND LEGISLATIVE STEPS TO PROTECT ELECTION INTEGRITY Congress should: (1) Publicly state that election administration is primarily a state responsibility and that any attempt by the Executive Branch to “nationalize” elections would be unconstitutional. (2) Hold hearings with constitutional scholars, state and local election officials, and relevant federal agencies to establish clear legal boundaries and expose any improper federal pressure. (3) Advance legislative and appropriations guardrails that prohibit federal interference with polling places and protect voters from intimidation. (4) Introduce or support a formal resolution condemning rhetoric that falsely asserts presidential authority over elections and impugns the integrity of the electoral system. Thank you.

▶ Created on February 6 by Bill

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