"Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency. Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air."
"Any such order - which could possibly include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting - would clearly go beyond Trump's authority and would be wildly illegal and unconstitutional, and would no doubt face extremely strict scrutiny in the courts."
Senator Alex Padilla is preparing for a potential national emergency declaration by President Trump regarding midterm elections. Padilla sent a letter to Senate colleagues warning that any such declaration would be unconstitutional and subject to strict judicial scrutiny. He committed to introducing a privileged resolution forcing a Senate vote to terminate any election-related emergency declaration. Padilla outlined potential restrictions such a declaration might include: banning mail-in voting, eliminating voter registration methods, conducting voter purges, and imposing new document requirements. He emphasized that no president possesses constitutional authority to control elections or create such power through declaration. Trump subsequently denied considering such an emergency declaration.
#election-security #presidential-emergency-powers #constitutional-authority #voting-rights #senate-response
Read at Los Angeles Times
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