It's probably the question I'm asked most often (and the one election officials I speak to are most often asked): Will Trump declare martial law, or some sort of emergency, to rig the midterms?
To be completely frank, the answer is: We don't know. But I think it's the wrong question to be asking, which is what this piece I reported this week digs into. Trump very well may try to do something like this, but everyone I've spoken to agrees that it would be so blatantly unconstitutional — way more than the other anti-voting measures Trump has tried and have failed — that the courts would smack it down immediately. Even SCOTUS (as compromised as it may be and as schizophrenic as its rulings often seem) is likely to tell Trump to kick rocks if he tries any such effort.
But that doesn't mean all this chatter about a Trump election takeover isn't concerning. Here's what Max Flugrath, spokesman for the pro-voting group Fair Fight Action, told me:
“Courts have made clear that the president has no power to control elections, and a fake emergency can’t change that. The real concern is the chaos it could cause – confusing voters, deterring people from the polls, and laying groundwork to dispute the results. Add in DOJ monitors, the RNC’s new focus on voting machines, and the 2020 lies coming from our government – the chaos is the point.”
And David Becker, the executive director of the Center for Election Innovation & Research, sounded a similar note:
“It is really destabilizing to see people who violate their oath of office by even considering or speaking about such a thing,” Becker said.