A resolution denouncing statements by President Donald J. Trump that he may "nationalize," commandeer, or otherwise assume direct control over elections.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 605 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
S. RES. 605

    Denouncing statements by President Donald J. Trump that he may 
 ``nationalize,'' commandeer, or otherwise assume direct control over 
                               elections.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2026

Mr. Markey (for himself, Mr. Blumenthal, and Mr. Schiff) submitted the 
following resolution; which was referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                               RESOLUTION


 
    Denouncing statements by President Donald J. Trump that he may 
 ``nationalize,'' commandeer, or otherwise assume direct control over 
                               elections.

Whereas the Constitution of the United States vests primary authority over the 
        times, places, and manner of Federal elections in the legislatures of 
        the several States and Congress, and does not assign to the President 
        any power to directly control or administer elections;
Whereas section 4 of article I of the Constitution of the United States provides 
        that ``The Times, Places and Manner of holding Elections for Senators 
        and Representatives, shall be prescribed in each State by the 
        Legislature thereof; but Congress may at any time by Law make or alter 
        such Regulations,'' underscoring State control over electoral 
        administration;
Whereas public statements by President Donald J. Trump urging members of one 
        political party to ``take over the voting'' and calling for Republicans 
        to ``nationalize the voting,'' including a Federal takeover of election 
        processes in ``at least many, 15 places,'' represent a proposal that 
        would require the Federal executive branch to displace the 
        constitutionally assigned role of State and local authorities in 
        administering elections;
Whereas the Constitution's framework reflects a fundamental structural 
        commitment to federalism and to the separation of powers between the 
        legislative, executive, and judicial branches, with States primarily 
        responsible for regulating elections, subject to guardrails by Congress;
Whereas repeated claims that the 2020 presidential election was ``rigged'' or 
        marked by widespread, systemic fraud have been rejected by Federal law 
        enforcement and intelligence agencies in the first Trump Administration, 
        State election officials, courts, and independent fact-checking, and 
        have no credible evidentiary basis;
Whereas any attempt by the President to exercise unilateral authority over the 
        conduct of Federal elections, absent a clear grant of constitutional or 
        statutory power by Congress, would be illegal, unconstitutional, and 
        without lawful effect;
Whereas the President has a constitutional obligation to ``take Care that the 
        Laws be faithfully executed,'' not to disregard the constitutional order 
        or to pursue actions that usurp powers reserved to the States or to 
        Congress; and
Whereas the Senate affirms that preserving the constitutional allocation of 
        powers over elections is essential to the integrity of the Republic, the 
        rule of law, and the public's confidence in democratic self-government: 
        Now, therefore, be it
    Resolved, That the Senate--
            (1) finds that the Constitution of the United States 
        entrusts the primary oversight and administration of Federal 
        elections to State and local authorities and Congress;
            (2) rejects any suggestion that the President of the United 
        States may lawfully ``nationalize,'' commandeer, or otherwise 
        assume direct control over elections;
            (3) renounces any effort by the President to exercise such 
        authority, absent explicit constitutional or statutory grant, 
        as antithetical to the Constitution, unlawful, and without 
        effect;
            (4) expresses its grave concern that public advocacy of 
        unconstitutional power by the President undermines foundational 
        principles of federalism, threatens the rule of law, and erodes 
        public trust in the democratic process; and
            (5) maintains that should the President attempt to 
        implement or execute measures that unconstitutionally infringe 
        on the constitutional prerogatives of the States or contrary to 
        the laws enacted by Congress, such conduct would constitute 
        grounds for impeachment and removal from office under article 
        II of the Constitution.
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