Fact Check: Is WH working on executive order to declare 'national emergency' over US election?

WASHINGTON, DC: On Friday, February 27, reports suggested that activists and the White House are working on an executive order to declare a 'national emergency' over America's election.

As per the report, if this happens, it would 'unlock extraordinary presidential power over voting.' But is there any truth to this? Let us find out below.

Claim: White House working on EO to declare 'national emergency' over US election

The Washington Post reported on Friday that 'a 17-page draft executive order' is being circulated among officials, which alleges that 'China interfered in the 2020 elections', and this is being used as a basis to declare a national emergency.

As per the report, Donald Trump could ban mail-in ballots and certain voting machines in the November midterms. 

The outlet reported, "President Donald Trump has repeatedly previewed a plan to mandate voter ID and ban mail ballots in November’s midterm elections, and the activists expect their draft will figure into Trump’s promised executive order on the issue."

Moreover, Peter Ticktin, a Trump supporter and in favour of the executive order, informed the outlet that the "President is aware that there are foreign interests that are interfering in our election processes," and "that causes a national emergency".

Ticktin further added, "Under the Constitution, it’s the legislatures and states that really control how a state conducts its elections, and the president doesn’t have any power to do that." 

The Washington Post also reported that the early version of the proposed draft cites an executive order from 2018 that 'declared an emergency to impose sanctions on foreign entities targeting election infrastructure.' 

Interestingly, it was extended by former President Joe Biden, and in 2024, the Treasury Department placed Iranian and Russian entities under sanctions using the order.

Fact Check: Unconfirmed, no official statement from White House

The claims made in the reports by sources cannot be confirmed, as official White House sources show no such executive order or national emergency declaration related to elections.

Moreover, existing election-related actions from 2025 focus on proof-of-citizenship requirements and rescinding prior orders, but nothing involves a national emergency over elections. 

Furthermore, it appears to be a leaked or proposed idea from outside allies, not an active White House effort, and claims of the White House 'working on' or 'circulating' it seem overstated based on the denials and sourcing.

The White House also said that the staff is regularly talking to a variety of outside advocates, but that should not lead to such speculation.