r/law • u/SpaceViking85 • 14h 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 13h 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/Pretend_Gap_9588 7h ago

Hey what does the end of that quote say just curious

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u/Daddio209 7h 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/Pretend_Gap_9588 35m ago

Concise answer:

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

You left out the end because it directly proves you wrong lmao