The Scariest Election Powers Do Not Legally Exist
Elections are run locally, counting takes time, and Democrats and watchdog groups are prewriting lawsuits to keep voting calm.
Up First from NPR · Democrats Lead In NPR Poll, Preparations For Election Challenge, Israel Voting BeginsThere is no federal election emergency declaration in American law. A president cannot invent one to pause voting. Sending troops to polling places is illegal, and announcing without evidence that a foreign enemy hacked voting machines does not change results.
That is because elections are run by state and local governments, not the White House. A national poll found most voters across party lines expressed trust that their state and local officials would run what Domenico Montanaro, a senior political editor and correspondent, called a "fair and accurate election," though Republicans trailed Democrats by 20 points in saying so. Election experts say the system is already secure.
That gap between fear and legal power explains the preparation now underway. Democrats and good government and nonpartisan groups are contacting local election officials, drafting court papers in advance, and agreeing on public statements to reassure voters that they should feel comfortable casting ballots.
The Trump administration and its opponents are already fighting in court over real administration actions. President Donald Trump has offered a million dollar reward for tips about cheating that produce a guilty verdict, though how it would be paid is unclear. The Department of Justice has sued over ballots in Alaska and California, and the White House backed a failed effort to restrict voting by mail and require voters to show proof of citizenship to stay registered.
Representative Jim Himes, the top Democrat on the House Intelligence Committee who was inside the Capitol building when it was stormed on January 6, said it would be irresponsible not to be ready. Montanaro says patience will be key because close races mean many winners will not be known on election night. As congressional reporter Eric McDaniel put it, "there has never been credible evidence of voter fraud anywhere near the level to impact results of elections in the United States."
Questions people ask
Who actually runs elections in the United States?
States set the rules and counties and cities do the work, from registering voters to hiring poll workers to counting ballots. The federal government sets some broad civil rights and security standards, but it does not count votes or certify winners. That is why a presidential declaration cannot override local counting.
Why can't troops be sent to polling places?
Federal law bars troops from policing domestic elections, and states also restrict armed officers and intimidation near voting sites. Local police may help with traffic or a disturbance outside, but they cannot stand inside to watch voters. Sending soldiers to the polls would be treated as illegal voter intimidation.
What happens if a president claims voting machines were hacked?
A claim alone has no legal effect. To change anything, officials would need credible evidence, audits of paper ballots and machines, and a court order. Without evidence, local officials continue counting and certifying, and courts have rejected fraud claims for lack of proof.