Trump Has Little Power to Make Drastic Voting Changes

Donald Trump has bold ideas for changing our elections. While most of his proposals would make our voting rules worse, there’s a silver lining. Given the decentralized nature of our election system, he has little official power to implement the new rules he supports.  

At an event on December 7, Trump stated, “We want to have paper ballots, one-day voting, voter ID, and proof of citizenship.” This statement echoed one of the priorities he listed on his campaign website: “Secure our elections, including same day voting, voter identification, paper ballots, and proof of citizenship.” 

But as president, Trump does not have the authority to administer elections. The U.S. Constitution says that state legislatures determine the “times, places, and manner of holding elections” for Congress, though Congress can step in to “make or alter” those rules. The Constitution gives the president no power over voting beyond signing or vetoing congressional laws. States scrupulously guard their constitutional authority to regulate elections, often opposing federal statutes that dictate rules for administering elections.  

To be sure, Congress has passed some of the most critical voting rules in our history. The Voting Rights Act of 1965 broke down barriers to the ballot box for minority individuals. The National Voter Registration Act of 1993 (often called the “motor-voter law”) increased registration opportunities. The Help America Vote Act of 2002 responded to problems from the disputed 2000 election in Florida. The Military and Overseas Voter Empowerment (“MOVE”) Act, enacted in 2009, makes it easier for voters living overseas to cast a ballot. 

But states still dictate the day-to-day aspects of election administration. That decentralized process has flaws, especially as it can lead to unequal treatment of voters. Yet, it also can stand as a bulwark to the incoming president’s initiatives to narrow the scope of voting rights.  

Moreover, most of Trump’s proposals are either already in use or are nonstarters for many jurisdictions.  

Trump says he wants paper ballots. Good news: virtually all jurisdictions—around 98 percent—already use paper ballots. Voters either mark their choices on a paper ballot that they feed into a machine to count, or they mark their selections on a machine that creates a paper record. Election officials say that these processes are the best practices for election administration. Hand counting of all votes, by contrast, often introduces inaccuracies.  

Trump says he wants “one-day voting,” seeking to eliminate early and no excuse absentee voting. But many voters, including those of his party, strongly support early voting opportunities. And even if Trump convinced Congress to pass a law that bans early voting for federal elections, Congress has no power to eliminate early or absentee voting for state elections. Most states align their federal and state election rules so that they can administer the election all at once without separate processes. It would be a shame if states could not let voters cast their ballots for federal races when they allow early voting for state and local elections. Indeed, some state constitutions mandate absentee balloting or early voting. The concern for efficient election administration will make it harder for Trump to convince Congress to enact this kind of change. In addition, Republicans embraced early voting in 2024 and won, so the idea of taking it away should be unpopular even among Trump supporters.  

Trump says he wants to implement “voter ID.” Almost three-quarters of states already require voters to show an ID when voting. Once again, this is a state-by-state determination, and Trump cannot simply mandate a strict voter ID law for the states that have chosen other methods to secure their elections.  

Finally, Trump wants “proof of citizenship” for voters. This is the one area where he might see success, as Congress considered a law this year, the SAVE Act, that would have required states to ask voters to show proof of citizenship when they register to vote for federal elections. Congress did not have the votes to pass this law in 2024, and the Republicans’ advantage in the House in 2025 will be slimmer, so it is unclear whether there will be a path to enactment once Trump takes office. But if it passes, it could make it harder for certain people—especially some racial minorities—to vote, as they simply do not have easy access to documentary proof of citizenship. Plus, it is already illegal for noncitizens to vote in federal elections and there is no evidence that a significant number of noncitizens try to cast a ballot.  

Could Trump use executive orders to implement these changes? Likely no. The Constitution clearly states that legislatures have the initial authority to regulate federal elections, with Congress able to enact nationwide rules if it wants. A president’s inherent authority should not extend to an area where the Constitution explicitly delineates power to others.  

None of this suggests that Trump’s presidency will not have a major effect on voting rights. It certainly will. He plans to nominate officials to the Department of Justice who have denied the accuracy of the 2020 election and have exhibited their fidelity to Trump over all other considerations. The DOJ will likely refuse to make robust and equal voting rights a priority. His judicial nominees will probably exhibit a very narrow view of voting rights. He can pardon the January 6 rioters, meaning that they (like him) will face few consequences for seeking to undermine democracy. He could wreak havoc through disinformation and discord. He has already suggested—in a shocking statement in a democracy—that he wants to jail those who opposed him, though again, he could not do so unilaterally.  

But, on the specific policies regarding voting rights, the states are still paramount. Of course, Trump can use the presidential bully pulpit, but there’s a big difference between rhetoric and reality. The reality is that states themselves would have to implement the changes he seeks, and courts would have to uphold them. 

Voters play a significant role in this debate. State legislatures and state courts may become even more crucial in upholding the ideals of democracy. Republicans, especially, must speak up to support the election rules they prefer, such as early voting.  

Elections have consequences. Given that Trump cannot do it by himself, state legislators should know the consequences if they go along with Trump’s ideas to curtail our democratic processes.  

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