It's alarming to be sure. But are the people who are worried about this stuff wrong, or was 2024 actually the last "free and fair" American election? To get some answers, I talked to attorney Chad Peace, an expert in U.S. elections law and a legal advisor to the Independent Voter Project, a non-partisan non-profit organization devoted to encouraging voters to participate in the electoral process. I started by asking Peace point-blank how likely he thought the chances are of the midterms being outright canceled. “Pretty close to 0% would be my guess,” he says.
Debunking hypothetical election cancelling scenarios
Chad and I discussed several hypothetical scenarios (if not outright conspiracy theories) about how the elections might be canceled. To make this part of our conversation more scannable, I’m going to present it in Q&A format, with my questions in bold and Chad's responses in regular text. Remember, these are just the facts.
What about an executive order? Can that cancel elections?
I'd be hard pressed to find an executive order that's gonna cancel elections or really be enforceable against the states. At the end of the day, the states have extraordinary authority to conduct elections.
Does declaring martial law pause the Constitution?
No.
Does Congress have a way to cancel midterm elections?
There’s no way to cancel them. Congress can do a lot of stuff, but at the end of the day, it’s very clear in the Constitution—and there’s a reason it was so clear—that the states have control over the time, place, and the manner of elections.
Could a state cancel its own midterm elections?
The narrow question of whether midterm elections will be canceled in 2026 has an easy answer: no. But that doesn’t mean the 2026 election cycle will necessarily be “normal.” There’s no way to predict how midterm elections might be affected by various congressional, state, or federal actions, and this uncertainty is the real fuel for the cancelation rumors. "The real concern is what level of legitimacy do our elections have?” Peace says. “I don't think we're at the point where we've lost all legitimacy, and people are saying ‘these people aren't really our leaders.’”
No one knew how the Civil War or the great Depression would end while they were happening, but elections still occurred, and we’re still here. “America and our electorate have had an amazing way of coming back to a place where we make it [through]. We make it, and we move on,” Peace says.
What to do if you’re stressed out about the midterm elections
A gratuitously off-topic fun fact about elections expert Chad Peace
Along with having an epic name and being an expert in US election law, Chad Peace is the executive producer of upcoming film Attack of the Killer Tomatoes: Organic Intelligence. This gives him way more credibility in my eyes.
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