Can a president change election rules by executive order?
A president cannot rewrite election rules by executive order because the Constitution gives that power to state legislatures and Congress.
No, a president cannot change federal election rules by executive order. Under Article I, Section 4, election rules come from state legislatures and from Congress by law. The Constitution gives the president no role in setting the times, places, and manner of elections.
What the Constitution says
The Elections Clause gives state legislatures the power to prescribe the times, places and manner of House elections, and it allows Congress to make or alter those rules by law. A law must pass the House and the Senate and be presented to the president under Article I, Section 7. The president has no constitutional authority over federal election administration.
What the Supreme Court held
In Youngstown Sheet & Tube Co. v. Sawyer (1952), the Supreme Court held that the president's power to issue an order must stem either from an act of Congress or from the Constitution itself. The Court struck down a seizure Congress had not authorized. The duty in Article II, Section 3 to take care that the laws be faithfully executed refutes the idea that the president is to be a lawmaker.
More on who runs elections, and who can't interfere.
See all the questionsFrequently asked questions
Q. Can a president change federal election rules by executive order?
No. Under Article I, Section 4, election rules come from state legislatures and from Congress by law, and a president cannot create that power by executive order. The Supreme Court held in Youngstown Sheet & Tube Co. v. Sawyer (1952) that the president's power to issue an order must stem either from an act of Congress or from the Constitution itself, and the Elections Clause gives the president no role.
Sources
- Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), law.cornell.edu, https://www.law.cornell.edu/supremecourt/text/343/579 · 1952-06-02