A longtime ally of President Donald Trump has raised martial law as one possible response if Democrats win control of Congress in the 3 November midterm elections. Other Trump supporters have separately urged him to declare a national security emergency to change election rules.
Trump has not said he intends to declare martial law. A White House official also told The Atlantic that Peter Ticktin, Wayne Allyn Root and Tina Peters have no role in White House election policy.
The distinction matters because the Constitution gives states responsibility for setting the times, places and manner of congressional elections, while allowing Congress to make or alter those regulations. A presidential emergency declaration does not by itself transfer control of federal elections to the White House.
Trump Ally Raises Martial Law Scenario
The clearest martial-law proposal in The Atlantic's 23 September report came from Peter Ticktin, an attorney with longstanding ties to Trump. The two attended military school together as teenagers, and Ticktin helped Trump sue Hillary Clinton in 2022. He has also pushed Trump to seek a pardon for former Colorado clerk Tina Peters.
Ticktin described three possible outcomes for the midterms. He said a smooth election would not happen because he claimed, without evidence, that Democrats had already cheated in primaries.
His second scenario involved Trump acting before the election to stop what Ticktin alleged would be cheating. His third involved Trump trying to declare martial law on or around 3 November.
'Either martial law, or step aside,' Ticktin told The Atlantic.
Asked about possible unrest if Trump tried to overturn election results, Ticktin replied: 'Believe me, our armed forces are a lot bigger than they are.'
Ticktin also described a 'nightmare scenario' at a Las Vegas conference. He claimed voting equipment could divert Republican votes to Democrats, giving Democrats control of Congress. The Atlantic reported that people in the room cheered during Ticktin's remarks.
He then predicted Democrats could gain enough support to impeach and remove Trump and Vice President JD Vance.
There is no evidence in the report that Trump has adopted Ticktin's martial-law proposal. The Atlantic also reported opposition to such measures within the administration and among Republican leaders in Congress.
National Emergency Pressure Builds Ahead of Midterms
Wayne Allyn Root has pushed a separate proposal for Trump to declare a 'national-security emergency' over the elections. Root has argued that such a declaration could impose voter ID, proof-of-citizenship requirements and limits on mail voting.
During an August interview, Root put the idea directly to Trump. The president replied: 'Let me just say that stranger things have happened, okay? I'll leave it at that.'
Trump later reposted a Root column whose headline called the proposal 'foolproof'. However, Trump did not announce a national-security emergency or endorse martial law in either exchange.
Root later received a standing ovation at the Las Vegas conference after promoting his emergency proposal. The Atlantic reported that Root believes the election cannot be protected without such a declaration.
Tina Peters, the former Mesa County, Colorado, clerk, has also pressed Trump to intervene on election issues. A jury convicted Peters in 2024 on charges stemming from an election-equipment breach.
Colorado Governor Jared Polis commuted Peters' prison sentence in May 2026. The commutation allowed her to be released on parole beginning 1 June.
Peters later said Trump had told his lead counsel to address what she had requested, but her account has not been independently confirmed.
Trump has continued to question the legitimacy of the 2020 election. At the Republican midterm convention in Dallas, he again claimed he won in 2020 and used a mock pledge urging supporters to 'cheat like hell'.
Official Electoral College results show Joe Biden defeated Trump in 2020 by 306 electoral votes to 232.
The Atlantic reported that White House and Cabinet advisers have tried to steer Trump away from unsupported election-fraud theories. A White House official said Ticktin, Root and Peters do not make election policy for the administration.
A Justice Department spokesperson also told the magazine there were no plans to declare certified voting equipment unreliable without credible evidence and legal process. White House spokesperson Lauren Bis separately defended the administration's focus on voter fraud and non-citizen voting.
The legal limits are significant. Article I's Elections Clause gives state legislatures responsibility for regulating the times, places and manner of congressional elections, while allowing Congress to make or alter those regulations.
A national emergency declaration also does not automatically give the president unrestricted authority over federal elections. The legal authority available during an emergency depends on the specific statutory powers invoked.
Historical constitutional law also places limits on military authority. In Ex parte Milligan, the Supreme Court held that military jurisdiction could not replace civilian courts where those courts were open and functioning.
The 2026 federal general election is scheduled for Tuesday, 3 November. The available reporting shows pressure from outside Trump supporters for intervention, but it does not establish that Trump has decided to declare martial law or take control of the midterms.
