Trump administration retools its battle over elections to keep the fights alive

By the Editorial Team · Sunday, November 1, 2026

The U.S. Justice Department is intensifying its scrutiny of voter eligibility and election administration ahead of the 2026 midterms, challenging state practices in multiple states including California and Alaska. This aggressive approach has sparked legal defeats, concerns over federal overreach, and ongoing disputes about the balance of authority between federal and state election officials.

The U.S. Justice Department has intensified its efforts to challenge election administration and voter eligibility ahead of the November 2026 midterm elections, sparking legal battles and concerns about federal overreach in state election processes.

One of the department’s most high-profile actions is underway in California, where it has sought to block the counting of ballots from over 20,000 voters it suspects may be noncitizens. The department has also warned election officials that counting such ballots could result in criminal charges for aiding illegal voting. In response to the Justice Department’s demands, a federal grand jury last week subpoenaed Los Angeles County officials for communications related to their handling of these requests, though it remains unclear whether the investigation targets officials, voters, or other parties.

Judicial rulings have consistently struck down the Justice Department’s approach in California. District Judge David O. Carter ruled that the department’s plan to exclude certain ballots likely violated the Voting Rights Act, the Civil Rights Act, and the National Voter Registration Act. He cautioned the department to cease threatening state and local election officials. The Ninth Circuit Court of Appeals upheld this ruling in a 2-1 decision, agreeing that the department lacked federal authority to intervene in the management of an ongoing state election.

Further reinforcing these setbacks, a federal judge in San Francisco issued an emergency order forbidding the Justice Department from demanding that California election workers remove voters from registration rolls or reject ballots flagged by the administration. The judge also prohibited threats of prosecution against election staff who comply with state and federal election laws. This ruling followed a legal challenge brought by unions representing election officials in California.

The department’s election-related activities reflect a shift that began shortly after President Trump took office in 2025. Many longtime attorneys in the Civil Rights Division, which typically safeguards voting rights, were replaced by political appointees. Since last year, the Justice Department has sued 30 states and Washington, D.C., for voter rolls containing sensitive personal information. It has lost all 27 decided cases to date. Without access to complete voter data, the department relies on partial records to identify alleged noncitizen voters, a method local officials say is flawed and risks disenfranchising eligible citizens.

Across the country, the Justice Department has charged nearly 200 individuals with illegal voting or registration as noncitizens in 22 states, with the majority of cases filed within the past two months. On the eve of the election, the department sent letters to officials in every state instructing them to preserve election materials and warning of possible prosecution for failure to comply. Acting Deputy Attorney General Trent McCotter defended these actions as necessary to uphold vote integrity.

In Alaska, the department has taken an unusual step by suing to prevent the state from certifying the Senate race results if Democrat Mary Peltola wins. The suit contends that similarities in candidate names—incumbent Republican Dan S. Sullivan and challenger Dan J. Sullivan—could confuse voters. The department also requested that certain ballots be segregated during the certification process. Legal experts characterize the department’s reliance on the National Voter Registration Act for this intervention as unprecedented and potentially opening the door to broader federal involvement in state election outcomes.

Separately, the Justice Department is investigating allegations related to the origins of Dan J. Sullivan’s candidacy amid reports that Peltola’s campaign recruited him to run, a claim Peltola denies. Prosecutors have issued subpoenas seeking communication records to explore potential civil rights violations involving a conspiracy to deprive Alaska voters of a fair election. U.S. Attorney Michael J. Heyman emphasized the department’s commitment to ensuring a fair election for all Alaskans.

These developments highlight increasing tensions between the Justice Department and state election officials as the department pushes a more aggressive approach to election enforcement and oversight, prompting debates over the appropriate federal role in state-administered elections.

This article was reported by synthesizing coverage from multiple independent news outlets to present a balanced, unbiased account. Read about our editorial standards. Spotted an error? Let us know.