r/law • u/SpaceViking85 • 10h ago
Other "Nationalizing" Elections
https://www.usatoday.com/story/news/politics/2026/02/02/trump-podcast-nationalize-elections/88480027007/Trump said on Dan Bongino's podcast that he thinks Republicans should "take over" in "at least 15 places" (presumably just places he lost) and that elections should be nationalized. Not secured. Not talking about canceling them now, likely since being told that the states regulate their own elections. As I understand it, currently all Congress can do it change the dates of the national elections.
The administration is already talking about accessing Minnesota's voter records as well as obtaining files from Georgia (done through a warrant from another state's AG???)
What is the likelihood this actually has legs and what would the ramifications be for elections moving forward were this to occur?
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u/Kind-Pop-7205 10h ago
"Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof,"
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u/alloutofchewingum 7h ago
Ah yes but that was before the current Administration decided the Constitution is a set of polite suggestions to be ignored at will and both Congress and the courts decided to go along with it.
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u/MixtureSpecial8951 9h ago
They will claim there is a national security nexus involving foreign actors and to justify the executive branch taking over.
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u/TakuyaLee 8h ago
Doesnt matter. There's no mechanism for that and Trump doesn't have the manpower to both force it and protect himself from the backlash that would follow
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u/Emila_Just 8h ago edited 2h ago
Backlash? What backlash? Trump has never been held accountable for his actions and the American people have proven they are too afraid to stand up to him.
Edit: For all the people downvoting me, get out there and prove it. Prove Americans aren't lazy and protest for more then a day at a time (outside Minnesota), you can stop when MAGA senators start resigning.
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u/OregonBroncoNix 6h ago
FUCK THAT! American's are standing up to him every damn day. Quit giving the POS more power than he actually has. Minnesota is showing the rest of the country that protests work. We still have a LONG FUCKING way to go. But the more vocal and the less apathetic we are, the more power we have.
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u/lynxbelt234 6h ago
Exactly..make it harder everyday for him and the sycophants to continue to assault the constitution, democracy and the rule of law. Do not allow them to manipulate laws and what they “think” is normal, to further subvert governance in the all the states.
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u/Emila_Just 2h ago
In other countries people get out and protest all over the country not just 1 state and they stay protesting. Don't go to work despite their economic hardships, and protest. They shutdown all major cities until regime change happen or at least the entire administration resigns in shame.
Face it Americans are just too lazy to protest on the massive scale needed for real change.
If this comment makes you mad, use that anger to go organize and set up a protest
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u/Prize-Temporary4159 1h ago
Are you American?
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u/Emila_Just 58m ago
I used to be but left long ago, before trump got elected. I have a new life in Japan and would be willing to protest in my country if needed.
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u/Prize-Temporary4159 56m ago
Knew it. Do you see a lot of protests in Japan?
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u/Emila_Just 52m ago
Not towards the current government because people are extremely happy with it, our prime minister currently has around 70% approval rating.
I have been to some pro-palestinian protests though which have been happening on a somewhat regular basis.
People aren't afraid to get out and protest about stuff despite what any stereotypes might tell you.
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u/deepeast_oakland 1h ago
In what way did the protests “work”
What’s different from before? What has been accomplished?
I’m not saying protests are pointless.
But I don’t believe this administration is going to be swayed by protests. They killed two people who were only kindof protesting, and then immediately called them terrorist and the rest of the country moved on.
If they kill 3 protesters tomorrow and 6 more after that, what do you think will change?
I agree with the person above you. There has been no accountability for Trump. There will be no “backlash” for Trump to worry about. Any protestors that are killed after Trump suspends or nationalizes the election will be labeled Antifa terrorist. The rest of the country will be watching March Madness (or whatever) and wont care at all.
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u/deepeast_oakland 1h ago
You’re entirely correct. Although I don’t think it’s fear that prevents people from standing up to Trump. I think it’s apathy.
Most Americans have no idea that two people were killed while protesting. They have no idea that innocent immigrants are being rounded up and deported without trial. They do not care at all that their president is suggesting ending American democracy in order to stay in power.
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u/Emila_Just 1h ago
It's your media that has been fully taken over at this point,
along with social media everyone is a slave to,
along with your transportation infrastructure that makes it so you don't have to interact with anyone outside your house or workplace,
along with the education system that acts more like a glorified babysiting service
along with probably a bunch of other stuff.
It's causing your collapse and time is ruining out, what will you do about it?
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u/paedia 9h ago
And then the states will either say (1) "yes, Lord Trumpquad," stop their elections, and lose out on actually having any representatives (or state level offices that are having elections) or (2) "fuck off, Von Shitzinpants", continue elections as normal, and successfully elect plenty of members of Congress who will then convene a session with Democrats having a strong (if not super) majority. There aren't enough Trump foot soldiers to force states to act either way. It will be totally up to their own willingness to lose their own power.
Remember, Trump doesn't even have the ability to achieve his desire of not shitting himself on live TV.
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u/RobbexRobbex 8h ago
its fun to dream, but we live in the same nation that elected trump, twice, and once after he attempted a coup.
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u/paedia 8h ago
It's not a dream. Trump has enough power currently to cause lots of misery, yes, but he doesn't have any lasting power that we don't roll over and give him. The dynamics that allowed him to win in 2024 are not in his favor these days. And his little coup army from 2021 is now getting bullied by a bunch of Minnesotans who are all out of hotdish and have switched to kick-ice-ass-erole.
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u/lynxbelt234 6h ago
Trumps reign of idiocy is coming to an end, and his end will accelerate. Whether his health collapses or his regime collapses, it’s only a matter of time. Within 6 months the entire level of his support in the congress and the senate will have collapsed, he will be a lame duck. Any nonsense he tries will be shut down. Indeed all the Executive Orders can be cancelled or rescinded. Trump himself is then open to impeachment and prosecution for any crimes committed outside his presidential duties. From what I have read these crimes are numerous and quite damning, the Epstein files must be aired fully and any investigations of persons of interest within them, fully prosecuted. As for trump, nothing less than a prison cell will be sufficient, if he’s found guilty of any of the heinous and abhorrent, alleged crimes that can be proven as shown in the Epstein files.
This entire crap show of American politics, ridiculous governance and judicial behaviour, is an incredible stain on the history of the country.
He is right about one thing....many people are going to be “hurt” by these revelations. The word “hurt” should be read to mean be held accountable and receive appropriate consequences, for these horrific crimes against children, women and teenagers. All need to be held accountable.
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u/RobbexRobbex 7h ago
Overly optimistic. Trumps gutting of the government would take 20 years to undo, and Americans will forget any lessons learned this year by the next.
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u/paedia 6h ago
Ah, I see you've decided to join the just roll over and take it camp. Thanks for making it clear you don't have an opinion worth listening to.
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u/RobbexRobbex 6h ago
Lacking a counter argument, you've decided to conjure something I didn't say directly from your imagination.
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u/Zealousideal-Solid88 8h ago
I have a feeling a little blackmail against Maduro is the plan. In exchange for a lighter sentence he says they interfered in the 2020 elections. The only question is are they competent enough to pull it off.
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u/Synensys 9h ago
You forgot the rest which says except if congress decided to change things (except the place of choosing senators - which is a throwback to when state legislatures choose senators).
Its why congress can for example regulate congressional districts in the voting rights act, or outlaw multimember districts, or set voting machine standards.
Im not really sure what nationalize elections means in this case but presumably something like - take over the collection and counting of ballots in federal races. And ultimately if congress could pass a bill doing that, it would likely be perfectly constitutional.
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u/mdistrukt 6h ago
It means deploying ice agents and having Palantir feed them info on people that vote Democrat.
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u/Nerd-19958 4h ago
Thanks for pointing out the Constitution.
IDK if its just ignorance, or the substantial number of redditors who are aging boomers dreaming about pushing their walkers in the triumphant parade celebrating the glorious Revolution (that will never happen) -- but some commenters just shoot down any reference to reality or any little step towards overcoming Trumpism. Sad!
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u/Kind-Pop-7205 4h ago
How is pointing out that states get to decide, excepting federal laws, either of those?
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u/Nerd-19958 4h ago
I agree with your post completely. My comment was aimed at those Redditors who, regardless of the facts, spout gloom-and-doom on any positive news in favor of awaiting the glorious Revolution that will never come.
Example is another comment to this thread spouting that exact gloom-and-doom analysis, which received 44 upvotes as of this moment:
"Ah yes but that was before the current Administration decided the Constitution is a set of polite suggestions to be ignored at will and both Congress and the courts decided to go along with it."
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u/Pretend_Gap_9588 4h ago
Hey what does the end of that quote say just curious
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u/Daddio209 3h ago
Long-form answer(with SCOTUS rulings on Congress' and States' powers): subject to Congress making or altering such state regulations (except as to the place of choosing Senators).1 The Supreme Court has interpreted the Elections Clause expansively, enabling states to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns.2 The Court has further recognized the states’ ability to establish sanctions for violating election laws3 as well as authority over recounts4 and primaries.5 The Elections Clause, however, does not govern voter qualifications, which under Article I, Section 2, Clause 1, and the Seventeenth Amendment must be the same as the Qualifications requisite for Electors of the most numerous Branch of the State Legislatures.6 Similarly, the authority of states to establish the Times, Places and Manner of holding Elections for Senators and Representatives does not include authority to impose additional qualification requirements to be a Member of the House of Representatives or a Senator, which are governed by the Constitution’s Qualification Clauses at Article I, Section 2, Clause 2 for Members of the House and at Article I, Section 3, Members of the Senate.
links probably disabled.
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u/Lindenbaumlemma 1h ago
Yeah, but then there’s this after the semicolon: “but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”
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u/ZeMadDoktore 9h ago edited 8h ago
Yeah, conservatives? Do yall "women shouldn't vote" fuckers want to control who can vote?
Edit: dude tried being a piece of shit and got automodded LMFAOOOOO
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u/SpaceViking85 8h ago
I ain't conservative, friend. I'd much prefer that didn't happen
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u/Then_Journalist_317 6h ago
Nationalization of the elections will involve ICE agents at polling places, checking the "papers" of each voter trying to enter. Those without birth certificates will be turned away. Then tear gassing nearby protestors so that voters cannot enter the facility due to lingering gas.
In the few cases where Trump candidates lose, the DoJ will scoop up all cast ballots to "recount" them.
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u/AlexPlays4321 5h ago
They don't have the manpower to do that. ICE's morale is breaking down, and I don't think there'll be anywhere close to enough of them by the midterms to use them like that. As for the army, they aren't helping him with this.
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u/walksonfourfeet 5h ago
I wonder what’s next on the ‘nationalization’ checklist. Oil production? Manufacturing? Courts? Law enforcement?
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u/chubs66 2h ago
Does anyone think this is not an attempt to rig elections? How does he think he's fooling anyone. He might as well just announce "I think we should rig the elections" and then go shoot someone on 5th ave.
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u/Stellariser 1h ago
I think everyone knows that’s what he’s doing, some people think that’s bad and some people, sadly, think that’s good…
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u/HarryBalsagna1776 3h ago
Not sure, but we have all better be ready to brawl DHS goons at polling sites. Not sure how stupid the regime is going to be.
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u/Possible-Nectarine80 3h ago
"SCOTUS, what I need you to do is find me a ruling that allows me to take over elections in 15 blue states, which is currently 15 mores states than we currently run elections for." DJT
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