Washington, DC — Allies of President Donald Trump are openly discussing martial law and other extraordinary federal actions if they conclude that the Nov. 3 midterm elections are “rigged,” despite no evidence that widespread fraud is occurring and significant legal barriers to presidential intervention.
Peter Ticktin, an attorney for election activist Tina Peters and a longtime Trump acquaintance, said during a Sept. 30 call that “there would have to be martial law” in the event of what he characterized as another rigged election. Other activists have discussed seizing ballots or voting equipment, delaying election activity or invoking emergency powers.
Those proposals would face major constitutional and statutory obstacles. The Constitution gives the president no general authority to postpone federal elections, seize ballots or take over state election systems. The Posse Comitatus Act also generally bars federal troops from civilian law enforcement unless Congress specifically authorizes their involvement.
The Brennan Center for Justice concluded this week that neither martial law, the Insurrection Act nor a national emergency gives a president authority to seize voting machines or station troops at polling places to control an election.
The White House declined to tell Newsweek whether Trump would rule out martial law or emergency powers if allies challenge the midterm results, instead pointing to the administration’s election-security efforts.
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