In recent days, Trump officials have sued to potentially block the certification of a Senate race in Alaska, threatened election officials in California with jail time, and implied that the outcome in a Senate race in Minnesota couldn’t be trusted if the Republican didn’t win. Trump’s allies have also been urging the President to potentially take drastic measures, including declaring martial law to seize ballots.
The prospect of so many challenges has led to intense efforts by voting rights groups, election officials and teams of lawyers to be ready to respond to election meddling anywhere in the country.
Polls open for in-person voting
Election workers are preparing for possible federal interference both inside and outside polling places on Tuesday.
At least three lawsuits have been filed to preemptively block ICE agents from being deployed to polling sites on Election Day. According to one of the lawsuits, at least one county sheriffs’ office in Colorado has already been cooperating with ICE and conducted “warrant checks at polling locations” this year.
In some local communities, there are indications that federal agents showing up at polling locations could sow chaos at the polls. Virginia’s Arlington County stated in its preemptive legal filing against federal agents at the polls that the county had developed plans regarding “whether and how to make arrests, and any prosecutorial response or civil legal actions that might be necessary.”
Polls close and ballot counting begins
As polling stations close Tuesday evening, local election officials and voting rights groups are bracing for the prospect of federal officials possibly seizing election materials and voting machines. In January, the FBI raided the Fulton County election office in Georgia and seized election materials in connection with the 2020 election. In May, a federal judge ruled that the federal government could continue to retain the ballots. The FBI has not announced any wrongdoing stemming from the investigation.
Other legal scholars are also encouraging judges to consider alternative solutions if federal authorities seek to retain election materials. Rick Hasen, a law professor and director of UCLA’s Safeguarding Democracy Project, published a white paper urging judges who might see warrant applications for ballot seizure to consider ordering copies of the ballot to allow the election certification process to continue.
Waiting for the last batches of mail-in ballotsIn March, President Trump signed an executive order requiring states to work with the United States Postal Services to establish lists of verified voters and asking USPS to withhold mail ballots from anyone not on the lists. The executive order was quickly met with a flurry of lawsuits, which resulted in a preliminary injunction blocking the USPS from enforcing any new rules in response to Trump’s order.
Even with the federal effort on hold, state governments have pressed ahead with new rules that are already pushing ballot rejection rates higher. In North Carolina, the State Board of Elections implemented a new rule that requires voters to use at least three different envelopes to deliver their ballots and copies of their ID. Failure to seal any of the three envelopes would result in the ballot being rejected. So far, the state is already seeing an uptick in the ballot rejection rate compared to the previous election cycle, from 2.6% to 3.1% statewide, according to local media outlets.
Certifying the election results
On Thursday, the Justice Department preemptively sued the state government of Alaska to block the certification of its closely-watched Senate race if Republican incumbent Sen. Dan S. Sullivan loses to Democrat Mary Peltola. The department accused the state of failing to “protect the integrity of the election” by allowing independent candidate Dan J. Sullivan on the ballot.
Various election officials expect that Alaska won’t be the only state that says a certification challenge. During the 2020 election, President Trump sought to pressure Georgia Secretary of State Brad Raffensperger to undo the state’s certification of Joe Biden’s win and “find 11,780 votes”—the number needed to overturn his loss in Georgia. Trump’s allies also led a pressure campaign, meeting with lawmakers in Michigan, Pennsylvania, Georgia, and Arizona in an attempt to overturn the election results, according to the investigation by the bipartisan January 6 committee.
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