Far-Right Conspiracists Try to Take Control of Voting

These Far-Right Conspiracists Are Pushing Trump to Take Control of Voting

Election deniers are lobbying the president to declare a national emergency.

Ari Berman

On Monday afternoon, as war raged with Iran, President Trump was seemingly preoccupied with more trivial matters. “FREE TINA PETERS!” he wrote on Truth Social, referring to the former Colorado election clerk who’s serving a nine-year sentence for giving election conspiracists access to sensitive voting equipment.

While it might seem odd for Trump to be posting about Peters as bombs fell on Tehran, there’s a connection between her and Trump’s orbit—her lawyer, Peter Ticktin, is a former classmate of Trump’s at the New York Military Academy who has represented the president in litigation against his political opponents. And Ticktin is now pushing Trump to declare a national emergency, based on the false claim that China interfered in the 2020 election, so that the president can assume vast new powers over the voting process. After the US invaded Iran, Trump reposted an article from a far right news site claiming that Iran also attempted to interfere in the 2020 and 2024 elections, seemingly tying the military effort to his voting crusade.

The 17-page executive order Ticktin is lobbying Trump to sign would completely upend how Americans vote and have their ballots counted in an unprecedented attempt to usurp powers that the Constitution gives to states and Congress. The order claims that an emergency declaration would allow Trump to unilaterally outlaw mail-in voting for most Americans and seize voting machines in favor of a hand count of all ballots, which would take much longer and be far more error-prone than a regular machine count.

That’s not all. The order would require all Americans to re-register to vote in person before the 2026 midterms, effectively voiding all state voter rolls, and force voters to re-verify their status before every election, a wildly impractical measure. It would mandate that all absentee ballots be notarized and restrict mail-in voting to those who have a medical condition or are out-of-town during the election. It would require strict forms of voter ID and proof of citizenship to cast a ballot, which could disenfranchise tens of millions of Americans who lack such documents. “Taken together, the proposal amounts to a radical attempt to reshape the rules of elections ahead of the 2026 midterms,” notes the voting rights group Fair Fight.  

“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,” Ticktin told the Washington Post. “But here we have a situation where the president is aware that there are foreign interests that are interfering in our election processes. That causes a national emergency where the president has to be able to deal with it.”

Of course, there is no evidence that China interfered in the 2020 election. And the two statutes that Ticktin claims allow Trump to declare a national emergency—the National Emergencies Act (NEA) and the International Emergency Economic Powers Act (IEEPA)—in fact give the president no control over the voting process. (The Supreme Court just ruled that the president could not invoke the IEEPA to justify his tariffs.)

“None of the cited authorities delegates the president any power to change voting laws, let alone the wholesale takeover of federal and local elections that the draft EO attempts to enact, even in the face of national emergency—including attempted foreign interference,” says an analysis from the Center for American Progress.

For these reasons, any such executive order would likely be immediately blocked in the courts, much like the last executive order on elections Trump issued last March.

Trump said last week he’s “never heard about” Ticktin’s proposal, but he’s already vowed to issue a new executive order on elections. And given his obsession with the 2020 election and calls for Republicans to “take over the voting in at least 15 places,” the allure of attempting to gain dictatorial control over the electoral process, no matter how illegal it is, is sure to appeal to the president.

Some of the sketchiest figures in the far right’s election denial movement are behind this push.

Ticktin, whose friendship with Trump dates back to their time at the military academy in the 1960s, has had a rocky career as a lawyer. He’s been suspended twice from the Florida bar. After the 2020 election, he represented Trump in a sprawling racketeering lawsuit accusing Hillary Clinton and Democrats of manufacturing allegations of collusion between Russia and the Trump campaign. A federal judge dismissed the lawsuit and ordered sanctions against Trump’s lawyers, including Ticktin.

“The rule of law is undermined by the toxic combination of political fundraising with legal fees paid by political action committees, reckless and factually untrue statements by lawyers at rallies and in the media, and efforts to advance a political narrative through lawsuits without factual basis or any cognizable legal theory,” wrote US District Judge Donald Middlebrooks.

“Taken together, the proposal amounts to a radical attempt to reshape the rules of elections ahead of the 2026 midterms.”

Ticktin subsequently went on to seek pardons for election deniers including Peters, Oath Keepers founder Stewart Rhodes, members of the Proud Boys, and other January 6 insurrectionists. He told Steve Bannon the 101st Airborne should be sent in to free Peters, who was convicted of giving access of 2020 election records to an associate of My Pillow CEO Mike Lindell.

Ticktin has been promoting the proposed executive order since last April, including on QAnon-affiliated talk shows. “If President Trump can’t call a national election emergency, then we will lose our country,” he told QNewsPatriot in January. Ticktin said the right-wing conspiracy theorist Jerome Corsi has also “been very involved” in the effort. Corsi has been circulating a new draft since the summer alleging that Trump could invoke emergency powers because of alleged foreign intervention in the 2020 election.

Corsi was the driving force behind the Swift Boat Veterans for Truth smear campaign against John Kerry’s military record in 2004 and the birtherism conspiracy against Barack Obama, which Trump amplified. Corsi was investigated by special counsel Robert Mueller for allegedly acting as a conduit between Trump adviser Roger Stone and WikiLeaks as part of the effort to leak emails from Hillary Clinton’s 2016 campaign. Corsi falsely claimed the emails were leaked by murdered DNC staffer Seth Rich.

The work of these fringe characters has been amplified by outside advisers closer to the president. Cleta Mitchell, the former Trump lawyer who helped the president attempt to overturn the 2020 election, said on a podcast in September that she believed “the president is thinking that he will exercise some emergency powers to protect the federal elections going forward.” Bannon has repeatedly promoted the national emergency scenario on his radio show in recent days.

In December 2020, the likes of Sidney Powell, Michael Flynn, and Patrick Byrne went to the White House to urge Trump to order the military to seize state voting machines. Trump was talked off the ledge by his advisers, but now says he regrets not doing so.

Whereas the craziest schemes hatched by election deniers were rejected by Trump’s aides in 2020, today those very election deniers hold prominent positions in the administration and are plotting from the inside. Recently, six administration aides took part in a gathering hosted by Flynn where attendees called on Trump to declare a national emergency. “At some point,” Byrne, the ex-CEO of Overstock.com, said, “he’s got to do something, the muscular thing: declare a national emergency.”