According to a Feb. 27 report by the British newspaper Daily Mail, as the 2026 midterm elections approach, legal advisers and conservative activists closely associated with U.S. President Donald Trump are discussing a draft executive order that would declare a national emergency over suspected foreign interference and expand federal authority over election procedures.
National security focus: draft cites foreign interference risks
The Daily Mail reported that the 17-page draft executive order was prepared by Florida attorney Peter Ticktin and several associates. Ticktin attended the New York Military Academy with Trump and has represented him in court. He said that under current international conditions, potential foreign infiltration of the U.S. election system constitutes what he described as an “unusual and extraordinary threat to national security.”
The draft references federal statutes including the National Emergencies Act of 1976 and the Defense Production Act of 1950, arguing that when confronted with external threats, the president is authorized to take extraordinary measures.
A 2021 U.S. intelligence assessment concluded that China did not ultimately carry out interference in the 2020 election, but stated that Beijing had considered related actions. Supporters of the draft say the assessment itself indicates that the risk cannot be dismissed, particularly amid ongoing concerns about cybersecurity and cross-border information operations.
In an interview with The Washington Post, Ticktin said: “When the president becomes aware that foreign forces are attempting to influence election procedures, he has an obligation to respond. This falls within the scope of national security.”
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Proposed executive measures on election administration
According to details reported by the Daily Mail and The Washington Post, if a national emergency were declared, the executive order could include measures such as:
- Implementing nationwide voter identification requirements
- Restricting no-excuse mail-in ballots
- Promoting a paper ballot system primarily marked and counted by hand
- Expanding cross-agency data verification to prevent ineligible individuals from registering to vote
These proposals broadly align with the Safeguard American Voter Eligibility Act (SAVE Act), which is advancing in Congress. An executive order, however, would provide an alternative course of action if legislation stalls.
In a recent State of the Union address that set a record for length, Trump said the bill seeks to “ensure that only lawful citizens participate in the sacred American elections,” and urged Congress to move it forward. He also expressed confidence that what he called “common-sense reforms” could gain broader support.
Senate procedure presents hurdles
The SAVE Act passed the House of Representatives by a vote of 218 to 213. In the Senate, Republicans hold 53 seats, short of the 60 votes typically required to overcome a filibuster.
Senate Majority Leader John Thune said Republicans are discussing procedural options, including whether to require a return to a “talking filibuster.” He voiced support for the bill’s objectives but said discussions are ongoing regarding the appropriate path.
Some Republican senators have taken differing positions. Senator Thom Tillis has supported stronger voter identity verification while opposing changes to long-standing Senate rules. Senator Lisa Murkowski of Alaska has expressed reservations about the legislation.
Democrats reject emergency rationale
Democrats have challenged the basis for declaring a national emergency. Senator Mark Warner, vice chair of the Senate Intelligence Committee, said: “There is no national emergency.” He added that such measures could “undermine public confidence.”
Supporters of the proposed order maintain that election administration standards should be strengthened to address ongoing disputes over voter eligibility and to increase confidence in the system.
The Washington Post cited recent polling indicating that Americans remain divided over expanded federal involvement in election administration.
On Feb. 13, Trump wrote on social media that he had identified a “legal argument that has not been fully articulated” and would soon announce it in the form of an executive order. A White House spokesperson said the president is focused on ensuring the accuracy of voter rolls and eliminating unlawful registrations.
Congressional deliberations over the SAVE Act continue, while discussions about potential executive action remain under consideration within the president’s circle.
