No, Trump does not have the legal authority or the practical ability to “nationalize” US elections, for all the same reasons he also didn’t when he issued an executive order a few months ago abolishing mail in voting.
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@mattblaze the point that so many here have been making is that the laws may be good, and the system may be highly distributed, but those laws are worthless if the judicial and legislative branches keep rolling over in submission to the executive. We are becoming a country where might makes right, and it sickens me. /3
@mattblaze there's also some precedent for the Federal government dictating how states run elections: the Voting Rights Act of 1965. I'm sure there are more than a few on the right that would love to use that precedent to takeover elections for their political motives. /4
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@mattblaze there's also some precedent for the Federal government dictating how states run elections: the Voting Rights Act of 1965. I'm sure there are more than a few on the right that would love to use that precedent to takeover elections for their political motives. /4
@bmitch The voting rights act was an act of CONGRESS, which is not the executive branch (the part Trump runs). The fact that congress can make or alter election rules is literally in the text of the constitution.
The president has zero constitutional authority to run elections.
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@bmitch The voting rights act was an act of CONGRESS, which is not the executive branch (the part Trump runs). The fact that congress can make or alter election rules is literally in the text of the constitution.
The president has zero constitutional authority to run elections.
@bmitch "But they could amend the constitution to give him control over elections". Sure. They could amend the constitution to make Trump president and overlord for life, too.
But that's not something the president can do himself, either.
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@bmitch "But they could amend the constitution to give him control over elections". Sure. They could amend the constitution to make Trump president and overlord for life, too.
But that's not something the president can do himself, either.
@mattblaze "but that's illegal" isn't something that's been stopping this administration from just doing the thing first, and escalating to SCOTUS later if anyone fights it. If this administration was following the laws, I would be in full agreement with you, but we're disagreeing on the fundamentals here.
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@mattblaze But if masked agents show up before the polls open, give a list of Republicans, order us to only allow those people to vote, tell us they know where we all live, and doing anything against their demands will result in masked agents busting in our doors at 3am to disappear us,... I'm not sure there are enough 60+ year old retirees willing to defy that. The few that resist may only result in their precinct being declared as invalid, which is just as good for this regime's goals. /2
@bmitch @mattblaze Do you think Trump can find enough troops to do that simultaneously for tens (hundreds?) of thousands of polling places all over the country, keeping the troops there all day to be sure nobody sneaks through?
I agree with you about the slide toward might makes right, both that it is happening and that it is sickening. But might is limited by available resources.
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@mattblaze Honest question:
What are the practical limits on these powers if Congress, the Supreme Court, and the entire Executive Branch is all aboard Trump's extralegal agenda?
@soatok @mattblaze you know the answer to that, and why he just sits around calling everyone living in reality "in denial."
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One (very risky) thing that Trump could potentially do would be to use federal law enforcement and/or military to *disrupt* elections to prevent them from happening altogether. It’s not clear that doing this yields him any benefit, or that enough people would obey his orders to have wide impact.
This is essentially a nuclear option. The outcome is no legitimate government, and likely civil war. And if he really wants a civil war, he can start one in other ways without taking over elections.
@mattblaze what mechanism would govern one or two states' results being so obviously disrupted that they can't be verified? Is there an explainer for this kind of contingency you can point to that's reasonably correct? Or is there simply no plan, and it's just whichever states manage to send electors, that's it?
(Edit: autocorrecto)
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@mattblaze what mechanism would govern one or two states' results being so obviously disrupted that they can't be verified? Is there an explainer for this kind of contingency you can point to that's reasonably correct? Or is there simply no plan, and it's just whichever states manage to send electors, that's it?
(Edit: autocorrecto)
@gabe For presidential elections see https://www.congress.gov/crs-product/R48309
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@mattblaze Honest question:
What are the practical limits on these powers if Congress, the Supreme Court, and the entire Executive Branch is all aboard Trump's extralegal agenda?
@soatok that’s an extremely broad question. I’m specifically discussing Trump’s ability to nationalize elections (which aren’t run by the federal government).
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@gabe For presidential elections see https://www.congress.gov/crs-product/R48309
@mattblaze thank you.
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@soatok that’s an extremely broad question. I’m specifically discussing Trump’s ability to nationalize elections (which aren’t run by the federal government).
@mattblaze And many of the things his administration have done are also illegal. That didn't impede him much.
"It's illegal for him to-" okay but who fucking enforces the law here?
In too many instances, the answer is, "People loyal to Trump." He has a literal cult following.
The scenario isn't broad:
- Trump, via EO, demands the government to "nationalize" elections.
- MAGA followers in key positions follow his orders, even if it's not a legal order, because that's the kind of people they are.
He doesn't need to win in 100% of districts to influence the electoral college outcome.
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@mattblaze And many of the things his administration have done are also illegal. That didn't impede him much.
"It's illegal for him to-" okay but who fucking enforces the law here?
In too many instances, the answer is, "People loyal to Trump." He has a literal cult following.
The scenario isn't broad:
- Trump, via EO, demands the government to "nationalize" elections.
- MAGA followers in key positions follow his orders, even if it's not a legal order, because that's the kind of people they are.
He doesn't need to win in 100% of districts to influence the electoral college outcome.
@soatok about what? Some laws are easier for a president to violate than others. It’s easy for a president to make unlawful arrests of immigrants, because the executive branch has broad authority to enforce immigration laws. It’s harder for a president to take over a state election administration because he doesn’t control states.
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@bmitch @mattblaze Do you think Trump can find enough troops to do that simultaneously for tens (hundreds?) of thousands of polling places all over the country, keeping the troops there all day to be sure nobody sneaks through?
I agree with you about the slide toward might makes right, both that it is happening and that it is sickening. But might is limited by available resources.
@oclsc it doesn't need to be simultaneous, and it wouldn't be every precinct. Those in red locations would still think none of this applies to them. All that's needed is to suppress the vote in enough blue precincts to flip the results in key races.
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@soatok about what? Some laws are easier for a president to violate than others. It’s easy for a president to make unlawful arrests of immigrants, because the executive branch has broad authority to enforce immigration laws. It’s harder for a president to take over a state election administration because he doesn’t control states.
@mattblaze Do I have this right?
There is no possible way for him to do illegal things here without controlling the state election administrations?
Even if most of their employees turn out to be MAGA loyalists willing to do his bidding?
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@mattblaze Do I have this right?
There is no possible way for him to do illegal things here without controlling the state election administrations?
Even if most of their employees turn out to be MAGA loyalists willing to do his bidding?
@soatok if you have trouble with the words “easier” and “harder”, I suggest you consult a dictionary.
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@soatok if you have trouble with the words “easier” and “harder”, I suggest you consult a dictionary.
@soatok anyway, you seem to be looking for an argument. This being the Internet, I’m sure you’ll have little difficulty finding one somewhere.
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@soatok if you have trouble with the words “easier” and “harder”, I suggest you consult a dictionary.
@mattblaze "Harder" is a question of will and a willingness to pay higher prices.
I contend that January 6 showed a willingness to try, so we should assume he will follow through. Your earlier post handwaves this possibility, and I wanted clarity.
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@soatok anyway, you seem to be looking for an argument. This being the Internet, I’m sure you’ll have little difficulty finding one somewhere.
@mattblaze I wasn't looking for an argument. I regard you as a highly respected security expert on the topic of election security and was curious how you'd answer this concern.
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One (very risky) thing that Trump could potentially do would be to use federal law enforcement and/or military to *disrupt* elections to prevent them from happening altogether. It’s not clear that doing this yields him any benefit, or that enough people would obey his orders to have wide impact.
This is essentially a nuclear option. The outcome is no legitimate government, and likely civil war. And if he really wants a civil war, he can start one in other ways without taking over elections.
@mattblaze I feel like this could be done with a very minimal footprint by deploying ICE in pivotal neighborhoods in swing states to suppress the vote through intimidation and delay, targeted using voter rolls (where he's gained access to them) and personal information extracted by DOGE from various federal agencies
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@mattblaze I feel like this could be done with a very minimal footprint by deploying ICE in pivotal neighborhoods in swing states to suppress the vote through intimidation and delay, targeted using voter rolls (where he's gained access to them) and personal information extracted by DOGE from various federal agencies
@mattblaze it's congruent with his recent actions, none of which have been effectively contested; it's high deniability and high impact