In his July 16 speech, as he has done many times before, President Donald Trump portrayed America’s election system as riddled by fraud, illegality, and hacking vulnerability. He did not speak much about policy; instead, as I interpret it, he laid out in advance his rationale for planning to meddle with the system’s operation between now and the November midterms (and most likely beyond that as well). While he has mostly not disclosed (and perhaps does not yet know himself) what form this meddling will take, we do get a glimpse of one aspect of it, especially in light of comments made the next day by Secretary Markwayne Mullin of the Department of Homeland Security.
In particular, Trump said he has “ordered DHS to notify every state about noncitizens on their voter rolls and direct them to remove all ineligible voters from the lists immediately.” Election law scholar Ned Foley identifies the central legal problem here: “I don’t believe that DHS has been given authority from Congress to ‘direct’ states to make changes to their voter rolls, and I don’t believe that the President has either statutory or constitutional authority to order DHS to issue this directive to the states.”