Legal Scholars Warn of Constitutional Dangers in Trump's National Emergency Election Plan

Proposed executive order would federalize U.S. elections during declared national emergencies

Mar. 13, 2026 at 11:35pm

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Legal experts have expressed alarm over a draft executive order circulated by the Trump administration that would federalize the U.S. election process during declared national emergencies. The order is viewed as having a legally questionable foundation, though the administration believes it has identified sufficient legal authorities to potentially implement portions of the plan.

Why it matters

This proposed order raises significant constitutional concerns, as it would grant the federal government expanded control over state-run elections during times of national crisis. Legal scholars warn that such a move could undermine the integrity of the electoral process and set a dangerous precedent for future administrations.

The details

The draft executive order would allow the federal government to exert greater control over elections during national emergencies, such as the ongoing Iran conflict, which the FBI has warned could lead to potential Iranian drone attacks on U.S. soil. While the administration believes it has identified legal authorities to implement parts of the plan, legal experts have questioned the constitutional viability of the proposed order.

  • The Trump administration circulated the draft executive order on March 13, 2026.

The players

Anna Bower

Senior editor at Lawfare.

Molly Roberts

Senior editor at Lawfare.

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What they’re saying

“Bits and pieces could still become law.”

— Anna Bower and Molly Roberts, Senior editors at Lawfare

What’s next

Legal experts and civil liberties advocates are expected to closely monitor the administration's next moves and challenge any attempts to implement the proposed executive order in court.

The takeaway

This proposed executive order raises serious constitutional concerns and could undermine the integrity of the electoral process if implemented. It serves as a stark reminder of the need to safeguard the independence and security of U.S. elections, even in times of national crisis.