Trump Considers National Emergency to Take Control of US Elections as Democrats Predicted to Win 2026 Midterm

President Donald Trump is reportedly drafting a plan that would let him declare a national emergency and take broad control over federal elections. The plan is based on claims, despite little proof, that China interfered in the 2020 election, which supporters say justifies giving the president more power over voting.

If put into action, it could change how ballots are cast and counted in the November 2026 midterms, where Democrats are expected to possibly win Congress.

Critics say this would break the US Constitution, which gives states most control over elections.

Draft Order Would Expand Presidential Power

A 17‑page draft executive order is circulating among pro‑Trump activists and lawyers, and sources say it has been seen by officials in the White House.

According to the Washington Post, the draft relies on alleged foreign interference in the 2020 election, especially claims about China to justify declaring a national emergency over election security. Such a declaration, its proponents argue, would allow the president to impose federal oversight on elections.

This means requiring strict voter ID rules, mandating hand‑counted paper ballots, and banning mail‑in voting.

Florida attorney Peter Ticktin, a leading drafter, acknowledged that the US Constitution gives states and legislatures the authority to run elections. But he claims that foreign interference creates an emergency necessitating presidential intervention.

He has argued that without decisive action, the integrity of future elections is at risk.

The draft is not final and has not been officially published by the administration.

Why Trump Wants to Control the US Election

Trump is pushing for more control over elections as part of his wider plan for 'election integrity.' This includes supporting the SAVE Act, a law that would require proof of citizenship to register to vote. The bill passed the House in February 2026 but is stuck in the Senate, where many oppose it.

Critics say it could unfairly affect low-income, minority, and vulnerable voters who may not have the necessary documents.

Trump has suggested on social media that if Congress does nothing, he might act on his own, introducing voter ID rules and limiting mail-in voting.

Opponents from both parties are worried.

Senator Mark Warner, the top Democrat on the Senate Intelligence Committee, said these moves could damage trust in elections and threaten the rule of law.

What This Could Mean for the 2026 Midterms

The 2026 midterm elections on 3 November will decide all seats in the US House of Representatives and many state offices. Current predictions suggest Democrats could regain control of the House, which would limit the president's power.

Recent polls show that public confidence in Trump's handling of elections is at an all-time low, with fewer than 40% of Americans saying they trust him on voting issues. Support among independents is particularly weak, raising concerns that attempts to expand presidential control over elections could backfire politically.

If Trump issues an emergency order and it is challenged, it could trigger lengthy court battles, possibly reaching the Supreme Court.

Is it Legal and Constitutional?

Legal experts say the proposed emergency order would face serious constitutional problems. The US Constitution gives states and Congress, not the president, control over elections.

Stephen Richer from the Cato Institute explained that a president cannot take over election rules nationwide. Past uses of emergency powers have already been challenged in court.

Courts also blocked a March 2025 order requiring proof of citizenship to register. Recently, the Supreme Court junked the emergency tariff, showing that the judiciary is willing to check presidential power.

Groups like Common Cause, which protect voting rights, plan to fight any order that might limit voters' rights or take power away from states. Its president, Virginia Kase Solomón, said such actions would face legal battles.