In press conference comments today, Homeland Security Secretary Markwayne Mullin threatened that state election officials could face jail time if they fail to cooperate with the White House’s purported efforts to “secure” the midterm elections, which seems to involve a range of illegal demands from the White House, Department of Homeland Security and the Justice Department. The specific demand is for states to feed their voter rolls into the federal “SAVE” database which purports to identify noncitizens on the rolls. Mullin seems to be saying that if states refuse to bend to these illegal White House demands, the federal government will then scrutinize those states’ election returns (by seizing ballots?) and hold state election officials criminally responsible for any illegal voting. (Assistant Attorney General Harmeet Dhillon has already sent out threats all 50 states and D.C. along these lines).

We have here again the old story. States run elections in the United States. This is guaranteed and mandated by the federal Constitution. Congress can set uniform rules for administering elections. The executive branch plays no role at all in setting rules for elections or administering them. The White House’s strategy is to use illegal means (threatened criminal punishment against state officials) to assert power or compel authority the Constitution simply doesn’t allow. This isn’t how anything works. A president cannot legitimately create by force powers that the Constitution specifically denies him.