No, President Trump Can't Ban Mail in Ballots or Voting Machines, as His Truth Social Post Suggests He Might Try to Do

This morning President Trump put out a post on Truth Social that shares some of his usual and debunked conspiracy theories about voter fraud in elections. Part of the post says that he will “lead a movement” to get rid of mail-in ballots and voting machines. Nothing wrong or illegal about that, and there can be a debate about these things.

But part of the post says that Trump is going to sign an executive order purporting to direct how the midterm elections will be run, on the theory that states are merely an “agent” of the federal government in counting and tabulating the votes. This is wrong and dangerous. TheConstitution does not give the President any control over federal elections. Federal courts have recognized this in the context of his first EO on elections issued months ago–and p