The president has no constitutional authority over the administration of federal elections. Rather, state and local officials are responsible for administering elections, serving voters, and counting ballots to determine who the people choose to represent them. Still, the Trump administration is attempting to illegally assert control over certain aspects of election administration. For example, President Donald Trump issued an executive order aimed at mandating new rules governing voter registration and voting systems and other changes.
The U.S. Constitution and state constitutions guarantee the regularity of elections and protect the right of all eligible citizens to participate. While the president has limited authority to influence the level of support the federal government provides for election administration, state and local governments primarily set the rules for how elections are conducted, such as making cybersecurity expertise and resources available to states as they wish, and state and local officials are responsible for registering voters, managing polling places, and counting votes. And despite recent challenges such as the pandemic, threats of violence, and extraordinary political pressure, state and local election officials have worked together across party lines to conduct secure elections with accurate vote counts.
Courts have already blocked several provisions of the executive order. President Trump nevertheless threatened to issue further orders that would disrupt mail-in voting, ban voting machines, and introduce new voter ID requirements.
In November, Americans will elect 180 state representatives and many more local officials. In just over a year, all 435 U.S. House seats, 33 U.S. Senate seats and thousands of state legislative seats will be on the ballot. As the 2026 midterm elections approach, there may be further attempts to undermine or interfere with elections. Here’s what you need to know about who runs elections and what that means for democracy.
What does the Constitution say about who conducts elections?
The U.S. Constitution gives both the states and Congress the responsibility to regulate federal elections. Article I, Section 4 of the Constitution, known as the Election Clause, gives the states the power to determine the “times, places, and manner” of holding federal elections, and Congress has the power to “make or alter” such regulations. Congress exercised its constitutional authority to pass laws affecting elections in every state, from establishing a nationwide Election Day to setting minimum standards for electronic systems for counting votes and establishing ground rules for maintaining voter lists. But beyond these limited instances, election administration is largely left to states and local governments.
States’ powers are of course not unlimited, since state laws cannot infringe on constitutional rights. For example, the Fourteenth Amendment guarantees that all voters be treated fairly and equally, and states cannot enact laws that discriminate against certain voters.
What is the role of state and local governments in elections?
Within constitutional protections and national standards established by Congress, state law establishes election processes and tasks state and local officials with administering these processes.
At the state level, an official (usually the secretary of state) or a bipartisan commission acts as election administrator. Election administration varies by state, but its responsibilities include enforcing election policies, training and directing local election officials, maintaining a statewide voter registration system, setting detailed standards for voting equipment, and certifying final election results. State constitutions and statutes also set rules for voting, such as registration deadlines and voter ID requirements.
At the local level, an estimated 10,000 or more local bodies administer elections. In most states, county officials oversee the administration of elections, but some states delegate this task to city officials or allow special districts or agencies (such as school boards) to administer their own elections. While conducting elections in accordance with state law, these officials must also manage responsibilities to keep elections running, including registering voters, maintaining voter rolls, preparing polling places, training poll workers, designing ballots, overseeing mail-in and absentee voting, and tabulating and certifying election results. These tasks rely on the work of hundreds of thousands of full-time and temporary employees.
This decentralization is a key feature of American democracy. Officials at the local level are empowered to handle much of the election work, allowing them to adjust procedures based on community needs and capabilities. This flexibility ensures fair elections even in difficult circumstances, such as in the event of a natural disaster. Additionally, election officials working in their own communities creates responsiveness and transparency for voters. The people we serve at election offices and polling places are our neighbors who have a genuine stake in ensuring our communities have an opportunity to be heard.
What is the federal government’s role in elections?
As mentioned above, the U.S. Constitution gives Congress the role of “enacting or altering” election laws and enforcing the voter protections set forth in the voting-related amendments: the 14th Amendment (equal protection), the 15th Amendment (nondiscrimination on the basis of race), the 19th Amendment (women’s suffrage), the 24th Amendment (prohibition of poll taxes), and the 26th Amendment (lowering the voting age to 18). Historically, the federal government, through Congress and at its direction, has acted to protect voters’ rights to access and vote at the polls, to set basic national standards to ensure fairness, and to provide funding and services to election officials to help them conduct elections more effectively.
Congress passed laws such as the Voting Rights Act, the Americans with Disabilities Act, and the Uniform and Overseas Citizens Act to ensure access to voting for groups of citizens who had previously been denied the right to vote or had significant disabilities, and the Department of Justice has worked to enforce these laws and eliminate discriminatory practices in voting.
Through the National Voter Registration Act and the Help America Vote Act, Congress established national standards for voter registration and voting systems to simplify the process and reduce election administration errors that can disenfranchise voters.
Recently, Congress and federal agencies, such as the Election Assistance Commission and the Cybersecurity and Infrastructure Security Agency, have helped states secure their election infrastructure through increased funding, guidance and voluntary standards, and access to federal services and expertise.
Can the president intervene in election administration??
The Constitution does not delegate any election-related authority to the president beyond his general role of signing or vetoing federal laws establishing election rules. The president can issue executive orders that affect federal agencies and officials who enforce federal election laws, but he cannot unilaterally rewrite those laws or change state laws about how elections are conducted. The president does not have the power to overturn election results or cancel elections.
What can Americans do to ensure free, fair, and secure elections in 2026 and beyond?
Our democracy is based on checks and balances and relies on broad participation to ensure fairness. Americans should try to get involved in every way they can, including joining civic groups, calling or emailing their elected officials, registering to be a poll worker, and supporting voter registration efforts led by existing groups that understand the rules. And most importantly, vote!
Jess Brouard is special assistant for elections and government programs at the Brennan Center for Justice.
Derek Tisler is a consultant and manager of elections and government programs at the Brennan Center for Justice.
Recommended citation: Jess Brouard & Derek Tisler, In the United States, states conduct elections, not the president.Sᴛᴀᴛᴇ Cᴏᴜʀᴛ Rᴇᴘᴏʀᴛ (October 21, 2025), https://statecourtreport.org/our-work/analysis-opinion/states-not-president-run-elections-america
