States, Not the President, Run Elections in America 

The president has no constitutional authority over federal election administration. Rather, state and local officials are charged with administering elections, serving voters, and counting ballots to determine who the people chose to represent them. Still, the Trump administration has unlawfully sought to assert control over certain aspects of election administration. For example, President Donald Trump issued an executive order that purported to mandate new rules governing voter registration and voting systems, among other changes.

The U.S. Constitution and state constitutions guarantee the regular occurrence of elections and protect the right of all eligible citizens to participate. While the president has some limited power to influence the level of support that the federal government provides for election administration — by making cybersecurity expertise and resources available to states to utilize if they choose, for example — it is state and local governments who primarily set rules for how elections are run and state and local officials who register voters, manage polling places, and count ballots. And despite challenges in recent years, including a pandemic, threats of violence, and extraordinary political pressure, state and local election officials across party lines have run secure elections with accurate vote counts.

Courts have already blocked several of the provisions of the executive order. Nevertheless, Trump has threatened to issue further orders to disrupt mail voting, ban voting machines, and install new voter ID requirements.

In November, Americans will elect 180 state legislators and many more local public officials. In just over a year, they will cast their ballots for all 435 House seats, 33 Senate seats, and thousands of state legislature seats across the country. As the 2026 midterms approach, there may be additional attempts to undermine or interfere with elections. Here’s what to know about who runs our elections and what that means for our democracy.

What does the Constitution say about who runs our elections?

The U.S. Constitution gives both states and Congress responsibility for regulating federal elections. Known as the Elections Clause, Article I, Section 4 of the Constitution empowers states to determine the “Times, Places and Manner” of holding federal elections, while Congress has the power to “make or alter” such rules. Congress has exercised its constitutional authority to pass laws that impact elections in all states, from creating a nationwide Election Day to setting minimum standards for the electronic systems that count votes and baseline rules for voter list maintenance. But beyond limited examples like these, election administration falls primarily to states and localities.

States’ authority is of course not limitless, as state law cannot violate constitutional rights. For example, the 14th Amendment ensures all voters are treated fairly and equally, meaning states cannot pass laws that discriminate against certain voters.

What are state and local governments’ roles in our elections?

Within the scope of constitutional protections and national standards set by Congress, state law sets election processes and tasks state and local officials with administering these processes.

At the state level, an officer (typically the secretary of state) or a bipartisan board serves as the chief election official. While election administration varies by state, their responsibilities may include enforcing elections policy, training and providing guidance to local election officials, maintaining statewide voter registration systems, setting detailed standards for voting equipment, and signing off on final election results. State constitutions and statutes also set rules for voting like deadlines to register and voter ID requirements.

At the local level, an estimated 10,000-plus local entities administer elections. In most states, county officials oversee election administration, but some states delegate this task to municipal officials or allow special districts or institutions (such as a school board) to administer their own elections. These officials must conduct elections in accordance with state law, while also managing the responsibilities that keep elections running: registering voters, maintaining voter rolls, preparing polling places, training poll workers, designing ballots, overseeing mail and absentee voting, and counting and certifying election results. These tasks in turn depend on the work of hundreds of thousands of full-time and temporary workers.

This decentralization is an important feature of American democracy. Since officials on the local level are empowered to handle the bulk of election operations, they can adjust procedures based on the needs and capacity of their communities. That kind of flexibility ensures fair elections can happen even in difficult circumstances, like if a natural disaster strikes. Furthermore, having election officials operate in their own communities creates responsiveness and transparency for voters — the people who serve you at the election office and the polling place are your neighbors who have a real stake in ensuring your community has a chance to be heard.

What is the federal government’s role in our elections?

As previously discussed, the U.S. Constitution provides a role for Congress to “make or alter” election laws and to enforce voter protections established in the voting-related amendments — 14th (Equal Protection), 15th amendments (prohibiting race-based discrimination), 19th (women’s suffrage), 24th (forbidding poll taxes), and 26th (lowering voting age to 18). Historically, the federal government, through and at the direction of Congress, has acted to protect voters’ rights to access and cast ballots, set baseline national standards to ensure fairness, and provide funding and services to election officials to help them run elections more effectively.

Congress passed laws like the Voting Rights Act, the Americans with Disabilities Act, and the Uniformed and Overseas Citizens Act to guarantee access to the ballot for groups of citizens who had previously been denied the right to vote or presented with significant obstacles, and the Department of Justice has enforced these laws and worked to eliminate discriminatory practices in voting.

Through the National Voter Registration Act and Help America Vote Act, Congress set national standards around voter registration and voting systems to simplify processes and reduce errors in election administration that could disenfranchise eligible voters.

More recently, Congress and federal agencies like the Election Assistance Commission and the Cybersecurity and Infrastructure Security Agency helped states secure their election infrastructure through increased funding, guidance and voluntary standards, and access to federal services and expertise.

Can the president interfere with election administration?

The Constitution does not delegate any authority over elections to the president beyond the general role of signing or vetoing federal legislation that sets election rules. The president may issue executive orders that impact federal agencies and employees that carry out federal election laws but cannot unilaterally rewrite these laws or alter state laws on how elections are run. The president has no power to overturn election results or cancel an election.

What can Americans do to help ensure we have free, fair, and secure elections in 2026 and beyond?

Our democracy is founded on checks and balances and depends on broad participation to ensure fairness. Americans should look to participate in every way they can — joining civic groups, calling and emailing their elected officials, signing up to be poll workers, and assisting voter registration drives led by established groups that understand the rules. And most importantly, vote!

Jess Brouard is a special assistant in the Brennan Center for Justice’s Elections & Government Program.

Derek Tisler is a counsel and manager in the Brennan Center for Justice’s Elections & Government Program.

Suggested Citation: Jess Brouard & Derek Tisler, States, Not the President, Run Elections in America, Sᴛᴀᴛᴇ Cᴏᴜʀᴛ Rᴇᴘᴏʀᴛ(Oct. 21, 2025), https://statecourtreport.org/our-work/analysis-opinion/states-not-president-run-elections-america