eligible voter

In a speech to the nation Thursday evening, President Trump said Americans deserve secure elections, and he claimed to be using federal authority to prevent them from being “stolen.”

In fact, one of the strongest security features of U.S. elections is the fact that they aren’t conducted at the federal level. America votes in more than 10,000 different election jurisdictions, each with different rules set by state and sometimes local governments.

That structure makes the nation’s elections extraordinarily complicated — and also safe from widespread fraud. And when misconduct does happen — rarely — security protocols frequently catch it.

Decentralized elections date back to the nation’s founding

America’s highly decentralized system of voting exists because the nation’s Founding Fathers gave authority over elections to the states, rather than the federal government. While Congress has the power to regulate elections — and has used that authority to pass such laws as the Voting Rights Act — the Constitution makes clear that states have primary authority to set the “times, places and manner” for elections.

There also is no national election agency that administers the presidential contest, something that’s different from many other countries. And when it comes to doing the day-to-day work of running an election, the responsibility falls to officials at the local level — usually a clerk or election supervisor — with help from staff and volunteers.

While differences in election laws can get confusing, election security experts say this structure is a strength. That’s because to pull off stealing a presidential election — as Trump falsely claims was done to him in 2020 — it would require large numbers of election workers in the most competitive counties across the country who are willing to risk prosecution, prison time and fines while working with officials from both parties willing to look the other way. And everyone somehow would have to keep quiet — a highly unlikely scenario.

There are also shared practices and security measures in place across the country that together work to ensure that only eligible voters can cast a ballot and only one ballot is counted for each.

Voter fraud can happen, but it’s rare and there are safeguards to catch it

Most Americans by now have probably heard stories about someone casting multiple ballots, or voting in the name of dead relatives, or stealing mail ballots from mailboxes.

When these incidents happen, they are often caught and prosecuted.

Voting more than once, tampering with ballots, lying about your residence to vote somewhere else or casting someone else’s ballot are crimes that can be punished with hefty fines and prison time. Non-U.S. citizens who break election laws can be deported.

For anyone still motivated to cheat, election systems in the United States are designed with multiple layers of protection and transparency intended to stand in the way.

For example, for in-person voting, most states either require or request voters provide some sort of identification at the polls. Others require voters to verify who they are in another way, such as stating their name and address, signing a poll book or signing an affidavit.

For absentee voting, all states require a voter’s signature, and many states have further precautions, such as having bipartisan teams compare the signature with other signatures on file, requiring the signature to be notarized or requiring a witness to sign.

That means even if a ballot is erroneously sent to someone’s past address and the current resident mails it in, there are checks to alert election workers to the foul play.

AP review found there was too little voter fraud to tip the 2020 election

Trump has spent six years insisting he won the 2020 election, a campaign he lost to former President Joe Biden.

An Associated Press review in 2021 dug into every potential case of voter fraud in the six battleground states that Trump disputed. It found fewer than 475 cases — a number that would have made no difference in that race.

Allegations from Trump of massive voting fraud have been refuted by a variety of judges, state election officials and an arm of his own administration’s Homeland Security Department. In 2020, then-Attorney General William Barr, a Trump appointee, told the AP that no proof of widespread voter fraud had been uncovered. “To date, we have not seen fraud on a scale that could have effected a different outcome in the election,” he said at the time.

Swenson writes for the Associated Press.

BOSTON — A federal judge on Tuesday heard from voting rights groups and a coalition of two dozen states that want the courts to halt President Trump’s executive order seeking to create a federal voter list and limit who can receive a mail ballot.

The plaintiffs argued in two lawsuits that Trump’s order should be found unconstitutional because the states and Congress, not the president, have the power to set election rules. They also told the court that the move imposes a costly burden on state election officials to comply and would spread fear about the possibility of prosecution.

“This is going to be a sea change in the way that some states administer their ballots,” said Michael Cohen, who was part of a team representing California, adding that “it will be difficult to overstate the disruption that this will cause.”

Trump’s executive order, the second one aimed at elections during his second term, comes as he continues to raise the specter of widespread voting by noncitizens as a reason to change election rules. But states already have detailed processes aimed at keeping their voter rolls accurate, and voting by noncitizens has been shown to be rare. It also is a felony that can be punishable by deportation.

His latest order is being challenged through multiple lawsuits, including two filed in U.S. District Court in Boston.

The American Civil Liberties Union, which represented the League of Women Voters in one of the two Boston cases, has called the order “a dangerous attempt to disenfranchise eligible voters nationwide.” The group said the order transforms “the U.S. Postal Service from a neutral mail carrier to an arbiter of who may cast a ballot by mail.”

“This case challenges an extraordinary and abusive assertion of executive power over the administration of federal elections,” the organization said in its complaint.

The hearing comes less than a week after another judge declined to halt the order. U.S. District Judge Carl Nichols, a Trump appointee in Washington, agreed with the Trump administration’s contention that it was too early to block the order because it has yet to be implemented.

The administration, in its motions to dismiss the lawsuits, argued that the plaintiffs lack standing to bring their claims. They also argued the motions are premature and that plaintiffs lack the legal basis to bring their Administrative Procedure Act claim, which governs how federal agencies develop and issue regulations.

Stephen Pezzi, a lawyer for the Trump administration, said the harms the plaintiffs referred to were subjective, since much can change with the voting list before it is finalized. He also said no one would be prosecuted for violating the executive order.

Missouri Solicitor Gen. Lou Capozzi, speaking for the states supporting the list, argued it was too early to say how his state might use the list, but that it was “unlikely” any voter would be removed this year from the voter rolls because of it.

“We are not exactly sure how we would use it,” Capozzi said, adding that “we don’t want this process to be strangled in the crib, so to speak.”

U.S. District Judge Indira Talwani took the requests for motions to halt the order, along with motions to dismiss the cases under advisement.

During oral arguments, Talwani expressed concerns about whether the federal system envisioned under the executive order could be ready for the upcoming midterm elections and about the risks posed to election workers who rely on a state list that differs from the federal one. She also raised doubts about the reliability of a federal list — noting, for example, women who changed their names after getting married or someone who has moved from state to state might be missed.

“Isn’t there a reasonable fear and concern on behalf of voters that they will be precluded?” Talwani asked.

Trump issued the order in March after a bill he supported to overhaul voting stalled in Congress. The order would have had the federal government create a list of eligible voters and then directed the postal service to deliver mail ballots only to those on the list. Election officials argued that it was ripe for abuse and could cause chaos, and the postal union has objected to the idea of mail carriers policing ballots.

The postal service has published a proposed rule required by Trump’s executive order in the Federal Register. Among other things, the rule would not apply to primary elections or overseas ballots.

Since his 2020 presidential election loss to Democrat Joe Biden, Trump has groundlessly claimed mail voting is rife with fraud and has launched a federal investigation into that year’s vote, even though repeated audits and investigations, including ones run by Republicans, found it was free of widespread fraud. Trump also has said he wants to “take over” election administration in Democratic areas.

Casey writes for the Associated Press.