Indian American Congressman Raja Krishnamoorthi (D-IL) has raised concerns over recent reporting that individuals aligned with the Trump Administration are “circulating” a draft executive order that would urge President Trump to declare a “national emergency” based on “disputed claims” of foreign interference. 

According to the reports, the proposed order would seek to “assert” sweeping executive authority over how Americans vote in the 2026 midterm elections.

In a statement, Congressman Krishnamoorthi emphasized that the Constitution assigns authority over federal elections to the “states and Congress,” not the “White House,” and argued that emergency powers cannot be used to “override” election administration or “circumvent” the separation of powers.

“President Trump cannot declare an ‘emergency’ to override the Constitution and seize control of American elections,” said Congressman Krishnamoorthi. “The framers divided power precisely to prevent any one person from manipulating the rules of voting for political advantage. Free and fair elections are the bedrock of our democracy and the source of the government’s legitimacy. My Free Elections Act makes clear that emergency authorities cannot be abused to rewrite election rules or override the will of the American people.”

Earlier this month, Krishnamoorthi announced plans to introduce the “Free Elections Act,” legislation intended to “reinforce longstanding constitutional and statutory protections against federal interference in elections.”

According to his office, the proposed legislation would reaffirm that authorities under the National Emergencies Act, the Insurrection Act, or related statutes may not be used to interfere with election administration. It would also clarify that federal agencies and personnel, including DHS, ICE, and CBP, cannot be deployed to control, monitor, or influence election sites. 

Additionally, the bill seeks to strengthen safeguards to ensure that elections remain under the authority of the people and the states, as outlined in the Constitution.

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