Cleta Mitchell and Tina Peters are advocating for Commerce Secretary Howard Lutnick to seize voting machines as part of an effort to address concerns about election security ahead of the upcoming midterm elections. This proposal has circulated among election deniers since late 2022, with Peters reportedly meeting with former President Donald Trump to discuss the issue. Ed Martin, a former U.S. Department of Justice pardon attorney, stated that Peters and Trump discussed the plans during her recent visit to the White House.
Peters and her associates have claimed that voting machines are compromised due to the use of foreign-made parts, which they argue poses a national security risk. They believe this justifies the seizure of voting machines, asserting that the Commerce Secretary has the authority to do so, a view that legal experts dispute. Martin referenced comments made by Secretary Markwayne Mullin of the Department of Homeland Security, who acknowledged concerns about foreign components in voting machines.
Mitchell promoted the proposal on social media, citing a 2019 executive order signed by Trump aimed at protecting U.S.-made technology. She contended that the Department of Commerce has completed regulations that require action to mitigate threats to critical infrastructure, which includes electronic voting machines. Mitchell argued that Trump does not need to declare a national emergency, as he has already done so.
However, experts, including David Becker from the Center for Election Innovation & Research, have stated that the 2019 executive order does not grant Lutnick the authority to seize control of election administration, which is constitutionally held by states and counties. Becker emphasized that any attempt to exert such authority would be unconstitutional and likely struck down in court, criticizing the reliance on conspiracy theories in shaping election policy over the past 20 months.