August 18, 2025

In March, Donald Trump signed an executive order asserting powers over elections that he does not possess. He was promptly sued by the Democratic Party and others, and the most immediate threats were halted.

In another executive order — one that has received less scrutiny — Trump claimed that he, and he alone, is the final arbiter of what federal law means, including laws governing campaign finance. That order, too, has been challenged.

This morning, Trump escalated his attacks on free and fair elections. In an early morning social media post, he announced: “I am going to lead a movement to get rid of MAIL-IN BALLOTS, and also, while we’re at it, Highly ‘Inaccurate,’ Very Expensive, and Seriously Controversial VOTING MACHINES.”

He went on to falsely claim that the United States is the only country that uses mail-in voting and that Democrats only win by cheating — both untrue. In the portion of his post that has received the most attention, Trump declared that he will be “signing an EXECUTIVE ORDER to help bring HONESTY to the 2026 Midterm Elections.”

But, in my view, the most disturbing and dangerous portion of his message is this:

“Remember, the States are merely an ‘agent’ for the Federal Government in counting and tabulating the votes. They must do what the Federal Government, as represented by the President of the United States, tells them, FOR THE GOOD OF OUR COUNTRY, to do.”

Let’s start with the basics: States are not agents of the federal government.

States existed before the Constitution created the federal government, and two-thirds of them were required for its ratification. The Constitution explicitly grants many powers to the states — including the authority to set the time, place and manner of federal elections. The Tenth Amendment makes this even clearer: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Equally important, the president does not speak for the entire federal government. The Constitution created three coequal branches. The founders expected Congress — not the president — to be the most powerful. In the realm of elections, it is Congress, not the president, that has the authority to override state decisions. In fact, the president is not mentioned at all in the administration of elections.

The Constitution also grants the judicial branch the power to interpret federal law. It is the courts — not the president — that decide whether an action by the states or by the president is lawful. At times, Courts may order states to act — for example, to desegregate schools or comply with the Voting Rights Act. The president has no such power.

There is little point in debating whether Trump misunderstands the Constitution or is willfully ignoring it. Either way, his words are authoritarian. They reflect not only disdain for free and fair elections but also contempt for any limits on his authority.

Just as Trump believes states are his agents in controlling voting methods, he also believes they are his agents in counting ballots and certifying results. In his telling, states exist simply to carry out his wishes. And we know those wishes: to cling to power, regardless of elections or their results. Under the system he envisions, Democrats can never be permitted to win — no matter the candidates, voters or ballots.

And his logic doesn’t stop at elections. If states are merely his agents, then they must also surrender their policing power to him, deploy their National Guard at his discretion, and dismantle healthcare programs to fund tax cuts for his wealthiest supporters. If they refuse, his logic justifies even the most outrageous federal government response.

We are already seeing hints of this in ways that are both visible and hidden.

In elections, for example, the Department of Justice — over which Trump claims dominion — is intensifying efforts to compel states to hand over complete voter files on every individual in their jurisdictions. The involvement of the DOJ’s criminal division suggests that we may soon see the misuse of the criminal process to access and weaponize sensitive voter information that is easily sortable by party affiliation.

As for the elections themselves, whatever Trump attempts through executive order will almost certainly be challenged in court and likely blocked. But legal defeats will not change his belief that states are his subordinates, or that Democratic votes are inherently fraudulent.

To prevent a wholesale collapse of free and fair elections, we need all institutions — media, legal, political and nonprofit — to speak with one voice and act in unison. We also need citizens to recognize the defense of democracy as their highest priority. In a world filled with urgent injustices, it may be difficult to see Trump’s escalating attack on elections as the most pressing.

But his post this morning should remove any doubt. If it wakes people up to the danger, then it will have served, ironically, as a rallying cry for those of us fighting to preserve democracy.