Tag: election assistance commission
Eleanor Roosevelt

“Chaos” in the Air: Five Ways Voting Could Be Disrupted on Election Day

As Americans head to the polls on Tuesday, voting experts are watching to see how the Trump administration’s unprecedented efforts to assert more federal control over elections will play out.

Since President Donald Trump retook the White House, his administration has tried to force states to turn over their unredacted voter rolls and to restrict mail-in voting. The Department of Homeland Security has used its resources to identify and prosecute noncitizen voters, an effort that has unfolded alongside the agency’s massive crackdown on immigrants.

The president has justified these steps by claiming, without evidence, that American elections are beset by fraud and that illegal voting is tipping the scales in favor of Democrats.

Courts have thwarted most of the administration’s plans to date, but Trump and his top deputies have kept up the pressure. Most recently, they’ve threatened to prosecute election officials who don’t reject ballots from people that the federal government has identified as likely noncitizens.

The administration hasn’t explicitly ruled out sending federal agents to the polls or seizing ballots or voting machines.

Election experts say the cumulative effect has been to ramp up anxiety about the midterms and to erode voters’ trust in the system.

“The administration has been creating a lot of noise, a lot of confusion, a lot of doubt,” said Ben Hovland, whom Trump fired as a commissioner for the bipartisan Election Assistance Commission earlier this year. He said he worries that this will make voters “sit it out” and “throw their hands up.”

In an emailed response to questions, a DHS spokesperson said Immigration and Customs Enforcement “is not planning operations targeting polling locations,” adding that the agency would only arrest people at the polls to address a safety threat as part of “intelligence-driven targeted enforcement.”

The DHS and the Justice Department “are laser focused on identifying, prosecuting and removing aliens who vote and dilute the votes of U.S. citizens,” the spokesperson added. “Our message to aliens who vote in American elections is clear: we will find you, arrest you, and you will face the consequences — including criminal charges and deportation.”

Before and on Election Day, it’s typical for the major political parties to mount poll-watching operations, but both Democrats and Republicans say they’ve expanded these activities in this pressurized midterm.

Republicans will focus on issues such as voter eligibility and voter-roll accuracy, according to Ally Triolo, the Republican National Committee’s election integrity communications director. Democrats will concentrate on voter intimidation and other hurdles to voting, Angelo Fernández Hernández, a Democratic National Committee spokesperson, said.

Here are five issues that voting rights experts say they’re watching as this year’s election unfolds:

1. Will There Be Federal Interference?

An incident in Leon County, in the Florida Panhandle, illustrates the widespread anxiety about law enforcement at the polls.

Mark Earley, the county’s supervisor of elections, told ProPublica he was “furious” when two marked U.S. Customs and Border Protection vehicles parked outside the county’s busiest early voting location last month, after he’d been repeatedly reassured by the administration that agents would not do this.

He reported the sighting to the FBI, then learned that the agents, who were headed out of state, had just stopped by to try to vote themselves. The episode generated a flurry of news coverage.

“Given the negative media coverage regarding federal agents at the polls, it shows pretty bad judgment that they showed up in their official vehicles,” Earley said.

It’s against the law for federal law enforcement to be near polling places.

Nick Brown, Washington’s attorney general, leads a group of Democratic state officials and voting rights advocates who have been planning how to respond if, indeed, there is real federal interference. The group has “war-gamed” how to react if government agents attempt to commandeer voting equipment or ballots.

“We’ve seen the tension and chaos that’s in the air,” Brown said. He called the federal government “the biggest challenge to smooth elections right now, which is not the way it’s supposed to be.”

A DOJ spokesperson said “the best preparation for any election official is following federal law.”

It’s routine for DOJ monitors to watch over polling places, and the agency has assured states that, in the midterms, its observers will follow the law and not interfere with voting or election administration. Still, state officials remain concerned. During Wyoming’s primary election, poll workers said they felt uneasy when DOJ monitors asked about their training and to inspect voting systems. The state’s governor criticized these actions as “a bit aggressive” and “irregular.”

2. What Effect Will Noncitizen Voter Challenges Have?

The Trump administration’s multipronged effort targeting alleged noncitizen voters has already led to eligible voters being improperly removed from the rolls. Voting rights groups fear this will block some U.S. citizens from being able to vote when they show up on Tuesday.

Federal officials have made clear they plan to go after anyone they think is committing voter fraud.

On the first day of early voting in Texas, Aaron Reitz, the U.S. attorney for the Southern District of Texas, posted a YouTube video announcing his intentions. “If you violate federal election law,” he warned, “I will hunt you down and prosecute you.”

This threat came days after the DOJ sued California, seeking to block the state from counting mail ballots from more than 20,000 voters it claims are “likely” noncitizens. The administration had obtained the state’s public voter rolls, which the DHS had blended with its own immigration information and third-party data.

In a court filing, California called the claim that there are 20,000 noncitizens on its voter rolls “specious.” Los Angeles County analyzed a sampling of the likely noncitizen voters that the federal government claimed were registered there. Many weren’t registered in the county or had never voted, the analysis showed. Some said on their voter registration forms that they were born in the United States.

Asked about the case, the DOJ told ProPublica, “Federal law prohibits noncitizens from voting in federal elections, and the Department has a duty to enforce it.”

A federal judge has rejected the DOJ’s motion for an emergency order that would have barred California from counting the 20,000 voters’ ballots. (A federal appeals panel later backed that decision.) On Thursday, the administration sent grand jury subpoenas to California officials demanding records about their response to allegations of noncitizens on the state’s rolls. Late Friday, a federal judge issued a restraining order blocking the DOJ’s demands, calling them an “intimidation plan” that would interfere with legal voting.

Last week, the DOJ wrote a letter threatening to sue Washington state if officials there refused to review a list of 400 voters it believes to be noncitizens within 24 hours. U.S. Attorney General Todd Blanche told reporters late last month that the department was considering additional actions, saying there were “a number of states that we’re looking at.”

In a letter responding to the DOJ, Washington Secretary of State Steve Hobbs called the government list of 400 names “not reliable,” saying it included U.S. citizens, people who aren’t registered to vote and duplicate entries. “Time and time again,” Hobbs wrote, “DHS claims about noncitizen voter registration turn out to be greatly exaggerated or false.”

Sam Trepel is Rule of Law program director at States United Democracy Center and a former attorney for the DOJ’s Civil Rights Division. She said the agency’s actions involving California and Washington were a “disturbing use of prosecutorial authority.”

Trepel worries that the DOJ may try to seize ballots cast by voters identified as likely noncitizens, before or after the election, which would “put their votes at risk and undermine trust more broadly.”

Voting rights advocates also worry that the government’s efforts to target noncitizen voters could frighten eligible voters to the point that they won’t show up.

A federal judge recently put limits on a multistate effort by the DHS to go door-to-door in search of suspected noncitizen voters, at least through Election Day, saying it was illegally intimidating legal voters.

“A voter could say, ‘Well, maybe I don’t want to put myself on the target list here, maybe I won’t register, or maybe I won’t vote,’” said David Janovsky, acting director of The Constitution Project at the watchdog group Project on Government Oversight.

3. Will There Be Problems at the Polls?

States often change laws and rules related to voting.

Since 2024, Republican-led states have taken a number of steps that experts say will make it more difficult for some of their residents to cast ballots and have them count.

A North Carolina law, for example, requires voters to provide proof of identification when sending mail-in ballots. Under new rules, ballots now come with two envelopes, both of which must be sealed. Ballot rejections have skyrocketed, Democracy Docket reported, because voters aren’t sealing the inner envelope.

Texas and other states have cut back on the number and location of polling places, especially in areas favoring Democrats. In hotly contested Tarrant County, which includes Fort Worth, the number of polling sites was slashed by almost a third. This could increase the risk of long lines and voter confusion on Election Day.

Voting rights groups such as the Texas Civil Rights Project are tracking two issues involving the state’s voter registration systems. A software error at the Texas Department of Public Safety stopped several hundred thousand new voter registrations from being forwarded to local election officials, preventing them from being added to the rolls. A separate state system for updating registration information wasn’t processing changes for several weeks, leading to more backlogs. Counties say they’ve been able to address these problems.

Every election features some issues with voting equipment.

So far, there have been isolated complaints involving touch-screen voting machines — including one from Dolly Parton’s sister in Tennessee — spawning fears that machines have been “rigged” to switch votes.

ES&S, the company that makes the machines garnering the complaints, told ProPublica that the company hadn’t received widespread reports. Election experts say occasional problems with touch-screen machines don’t signify tampering or manipulation. Any attempt to tamper with programming would surface during testing by election officials and be corrected, they said.

4. How Secure Will the Election Be?

Incidents in the run-up to the midterms have ratcheted up election officials’ concerns about the potential for both cyber and physical attacks.

Last month, officials in several states, including Arizona, received envelopes with an unknown white powder. Arizona eventually deemed the material nontoxic, but Secretary of State Adrian Fontes said “the fear it caused was real.”

In 2024, false bomb threats, thought to be from foreign actors, caused widespread evacuations of vote-counting sites across the country. The disruptions were brief, however, in part because a message board funded by the federal Cybersecurity and Infrastructure Security Agency, or CISA, alerted election officials that the FBI had deemed the threats not credible.

Trump, however, has dismantled CISA since retaking the presidency, leaving states and local election officials to grapple with both physical and cyber threats on their own. Election nonprofits have stepped up to try to fill the gap, and states, with CISA’s help, have enhanced their own cyber defenses.

Derek Tisler, counsel and manager for the elections and government program at the Brennan Center for Justice, said the federal government’s absence has weakened the defenses.

“States acting on their own just do not have the same power,” he said.

5. Where Will Postelection Challenges Come From?

Election lawyers fear that actions by the Trump administration in the run-up to the midterms suggest the government will aggressively pursue postelection challenges if the results are not to the president’s liking.

Late last month, the DOJ sued Alaska, seeking to block the state from certifying the result of its Senate race if the Republican incumbent doesn’t win. A federal judge threw out that lawsuit on Sunday, but the administration is expected to appeal.

Trump has said he personally ordered the lawsuit to be filed. It claims the system is unfairly rigged against Sen. Dan Sullivan, because another Alaska man named Dan Sullivan also qualified for the general election ballot. The New York Times reported last week that campaign aides to Democratic Senate nominee Mary Peltola orchestrated the candidacy of the second Dan Sullivan after a monthslong, statewide search to recruit someone with the same name.

Nonetheless, the DOJ’s case is unusual, both because federal law prohibits the government from interfering with an active election and because challenges typically come after voting is complete. Postelection challenges are most often brought by losing candidates in state courts.

“This is using the federal government to interfere with our election process in a way that I think is pretty troubling on multiple levels,” said Brown, the Washington attorney general.

In response to ProPublica’s questions, the DOJ pointed to Blanche’s statement about the lawsuit on social media, which said the agency “does not seek to stop any ballot from being cast or to stop the certification of Alaska’s election.” (The lawsuit calls it “vital” that the state not certify “any election result that may be impacted by voter confusion” and asks the judge to prevent Alaska from doing this.)

Some election lawyers have suggested that if the GOP suffers significant losses, Trump could try to pressure Republicans in Congress to block new members from being seated. Several lawyers, including Derek Muller, a law professor at the University of Notre Dame, say that the incoming Democratic majority would be able to fend off such an effort; courts, too, are likely to stymie it, though it might cause a short delay, according to Muller.

Brown said he and other attorneys general are also planning how to respond if local election officials or boards refuse to certify election results, based on their own claims of fraud or claims by the administration.

“I worry tremendously about what they might do,” Brown said.

Reprinted with permission from ProPublica

How Trump Is Demolishing Election Security -- And Preparing To Hijack The Midterms

How Trump Is Demolishing Election Security -- And Preparing To Hijack The Midterms

Last October, I wrote in The Washington Spectator that the Trump administration was constructing an integrated system to constrain voting and criminalize political opposition. Claims of election fraud, domestic terrorism, foreign financing and organized political violence were being used broadly to recast the lawful administration of elections, political fundraising, protest against government abuses, and resistance by public officials as either threats to national security or actual crimes.

Then, in April, I described how that system could be used to overturn the results of the November 2026 congressional elections. Trump could reject Democratic victories in selected jurisdictions, launch federal investigations of alleged fraud or foreign interference before the results were recognized, and classify the protests that followed as organized political violence or domestic terrorism.

This summer, the administration has accelerated these efforts. In July alone, it functionally shut down the federal agency responsible for maintaining bipartisan election standards. The administration told states that federal disaster grants would now be conditioned on a) implementation of Trump’s preferred voter databases, b) adoption of his rules to promote “election security,” and c) cooperation with the Trump Administration over its demand for access to state voter-record databases. Further, the administration threatened non-compliant state election officials with prosecution. President Trump then delivered a national address that propounded the narrative, unsupported by the evidence he released, that American elections have been compromised by foreign governments and noncitizen registration, and that federal officials have concealed those threats.

The administration simultaneously expanded its campaign against “Antifa” and “far-left terrorism.” In Minneapolis, the Justice Department indicted 15 defendants resisting immigration enforcement, referring to them as Antifa-linked participants carrying out organized political violence. In Fort Worth, two federal judges handed down decades-long prison sentences to eight protesters convicted of rioting, providing material support to terrorists and related offenses during a demonstration outside an ICE Detention Center that occurred a year earlier. The judges addressed the defendants’ criminal conduct, and in a Justice Department press release, Acting Attorney General Todd Blanche went further, explicitly characterizing those convicted as “Antifa terrorists.”

On July 16, Secretary of State Marco Rubio hosted an international conference against far-left terrorism, convening senior officials from more than 60 countries to take measures to combat Antifa and far-left networks operating across international borders. The conference kicked off an administration effort to secure foreign Antifa designations and international cooperation that could provide a foreign predicate for pursuing White House deputy chief of staff Stephen Miller’s stated goal “to disrupt, identify, defund, debank, arrest, and prosecute these political terrorists that are operating in our country.”

These programs fit together. One is preparing the government to intervene in election results Trump refuses to accept. The other is equipping the government to act against the resistance that would follow.

Emptying the Commission That Keeps Federal Election Standards Bipartisan

The administration’s effort to bring state election administration under presidential direction began early in Trump’s second term. On March 25, 2025, Trump issued a sweeping executive order seeking to impose national rules on federal elections ordinarily administered under state law. Among other measures, it called for documentary proof of citizenship on the national voter-registration form, federal database checks of state voter rolls, new voting-system standards, an Election Day deadline for receiving mail ballots and the withholding of federal funds from states that did not comply.

The order assigned a central role to the Election Assistance Commission (EAC). The bipartisan body maintains the national mail voter-registration form, certifies voting systems and assists state and local election officials. Trump directed it to impose the proof-of-citizenship requirement, rewrite voting-system guidelines, review existing equipment certifications and condition federal election funding on state compliance with his rules.

Congress created the EAC after the disputed 2000 election. Its four Senate-confirmed commissioners are divided evenly between the parties, and official action requires three votes. That structure meant Trump could not simply order it to act.

The EAC did not carry out Trump’s directive. It sought to consult state election officials before changing the form, then paused the process after a federal court enjoined implementation. A later proposal to add proof of citizenship failed on a 2–2 vote, leaving Trump’s requirement unfulfilled.

On June 29, the Supreme Court held in Trump v. Slaughter that the president could remove members of most independent agencies at will. The 6–3 vote split along the party lines of the presidents who had appointed the justices. Although the decision did not directly concern the EAC, ten days later, on July 9, Trump fired its two Democratic commissioners. Its remaining Republican commissioner then resigned, leaving the EAC without commissioners and thereby disabled from taking further official action.

Restoring the EAC’s ability to act would require presidential nominations and Senate confirmation of at least three commissioners. Trump has little reason to do that before November. Leaving the seats vacant prevents the commission from rejecting changes to the federal registration form, resisting partisan voting-system standards or contradicting the administration’s claims about election security. Trump did not need to capture the EAC. He needed to get it out of the way.

Withholding Disaster Funds to “Guarantee the Midterms”

On July 10, the Department of Homeland Security announced that FEMA would withhold 20 percent of state awards under approximately $1.1 billion in homeland-security and emergency-preparedness grant programs unless states adopted Trump’s election rules. To receive the money, states must check voter rolls against a federal immigration database, move toward hand-marked paper ballots, audit at least 5 percent of ballots and reconcile participating voters with votes cast.

The funds are intended to help states protect their residents from terrorism and other emergencies. They have nothing to do with the administration of elections. Twenty-five states and the District of Columbia sued on July 23, challenging the administration’s authority to attach election and immigration conditions to the money. At least $148 million in grants to those jurisdictions was at stake.

The conditions use disaster funding to impose parts of the election program Trump has been unable to get through Congress. That program is contained in the Safeguard American Voter Eligibility Act, which the administration calls the “SAVE America Act.” Trump has said the legislation would “guarantee the midterms” for Republicans.

The proposed legislation would require documentary proof of citizenship to register for federal elections and photo identification to vote, and additional documentation for most mail ballots. It has been opposed by all Democratic lawmakers other than Rep. Henry Cuellar of Texas (D-TX), who supported the bill two months after Trump pardoned him in a federal bribery prosecution.

While the “SAVE America Act” has remained stalled, Trump has already gone around Congress. In March, he ordered the Department of Homeland Security, working with the Social Security Administration, to create state-by-state citizenship lists. He also directed the Postal Service to adopt rules under which states using mail voting would submit lists of their mail voters and USPS would refuse to transmit ballots for anyone absent from those lists. A state that refused to provide the required voter data would therefore have no voters on the Postal Service’s approved list, effectively preventing USPS from carrying its mail ballots.

Under the March order, the citizenship lists would draw on the Systematic Alien Verification for Entitlements database, also called SAVE. Despite the shared acronym, it is distinct from the “SAVE America Act.” SAVE was created to verify the immigration or citizenship status of applicants for government benefits and licenses, not to determine voter eligibility. Its citizenship records are incomplete, and it has repeatedly and erroneously identified naturalized and other eligible citizens as possible noncitizens.

A federal court has blocked the citizenship lists and Postal Service restrictions through Election Day in the 23 states and the District of Columbia that challenged Trump’s order. The First Circuit left the injunction in place on July 25. Two days later, the Trump administration asked the Supreme Court for emergency relief, stating it would suffer irreparable harm if the restrictions did not take effect before the midterms. The Supreme Court’s response to that request remains pending.

Thus, with Congress refusing to enact Trump’s rules, and courts blocking him from imposing them by executive order in the states that have objected, Trump is using disaster funds to force the same choice: accept his election rules anyway or lose money intended to protect residents from terrorist attacks and other emergencies.

Threatening Election Officials

On July 7, the Justice Department sent letters to election officials in all 50 states and the District of Columbia warning that they could face federal charges if they knowingly kept noncitizens on voter rolls or helped them register or vote.

The letters, signed by Civil Rights Division head Harmeet Dhillon, cited no evidence that any state official had deliberately registered noncitizens or permitted them to vote. Instead, they gave every chief state election officer five days to explain how the state was complying with federal law. “Any election officer,” Dhillon wrote, who knowingly retained noncitizens on a statewide list or facilitated their receipt or casting of ballots “could be subject to criminal liability.”

The warning soon became concrete. On July 21, New Jersey Governor Mikie Sherrill disclosed that a motor-vehicle-system error had mistakenly registered approximately 6,600 people who identified themselves as noncitizens between 2023 and 2024. Fewer than 400 subsequently cast ballots. New Jersey had corrected the error and begun removing the registrations. The Justice Department nevertheless demanded the individuals’ names, nationalities, addresses and registration records, along with information about the ballots they cast.

The White House immediately presented the error as support for its broader claims of widespread noncitizen voting and renewed its demand that Congress pass the SAVE America Act.

Federal law already permits prosecution of election officials who deliberately participate in fraud—by stuffing ballot boxes, falsifying returns, accepting bribes or helping cast unlawful votes. But administrative errors and failure to detect every improper registration or ballot are not criminal conduct, as confirmed by the long-standing guidance in the Justice Department’s election-crimes manual. Earlier this year, the Trump administration, without explanation, removed the entire manual, including that guidance, from the Justice Department’s website.

The July letters suggest that the Justice Department will no longer abide by that policy. They put state election officials on notice that rejecting an unreliable federal database, refusing to remove voters when there is insufficient evidence, resisting demands for state records or certifying results Trump challenges may be treated not as the proper performance of their state duties, but as knowing assistance to unlawful voting – and therefore a federal crime.

Constructing a National Security Pretext for Challenging Election Results

On July 16, Trump delivered a televised address portraying American elections as vulnerable to corruption and foreign control, accompanied by declassified and previously undisclosed intelligence materials that he claimed were supportive of his accusations.

He asserted that China had obtained data on 220 million American voters; that China, Russia, Iran, and North Korea could penetrate election infrastructure; that Venezuela had devised undetectable methods of altering vote totals; that 278,000 noncitizens were registered in four states; and that evidence of fraudulent Michigan registration applications had been suppressed.

The preparation and release of those materials were overseen by Bill Pulte, whom Trump had installed as acting director of national intelligence six weeks earlier despite extraordinary objections from Republican senators. Senate Majority Leader John Thune warned, “We don’t need a weaponized DNI,” and Mitch McConnell said he would not support anyone lacking the requisite national-security experience required by law. Their opposition foreclosed Pulte’s appointment to the permanent position, but his temporary appointment gave him authority over the declassification and release of the intelligence assembled for Trump’s address.

Pulte had already demonstrated his talent for using federal authority against Trump’s political adversaries. As the federal housing regulator, he publicly accused New York Attorney General Letitia James, Senator Adam Schiff, Federal Reserve Governor Lisa Cook and Representative Eric Swalwell of mortgage fraud and referred them to the Justice Department for criminal investigation. In the days before Trump’s address, Pulte reportedly pressed Trump to name intelligence officials Pulte accused of concealing election interference. White House officials intervened by warning Trump that naming them publicly could endanger their lives.

The declassified materials contained reporting about cybersecurity risks, foreign acquisition of voter data, much of it commercially available, and isolated registration failures. They did not show that a foreign government changed vote totals, that fraud altered the 2020 result or that large numbers of noncitizens had voted.

Former U.S. intelligence officials reviewed the materials and asked Congress to investigate what they described as an apparent analytic and political abuse of intelligence. They said the releases did not resemble authentic intelligence products and appeared to cherry-pick and decontextualize older raw reporting to support Trump’s claims and political agenda.

Trump nevertheless used the declassified materials to create an official narrative that U.S. voting systems are open to foreign manipulation, that voter rolls are contaminated, and that federal officials intentionally concealed evidence of election fraud to hurt Trump.

Should the November elections not go Trump’s way, the executive branch can cite its prior assertions that foreign governments have compromised American election systems, noncitizens have been on voter rolls, state officials have withheld data or refused federal assistance, intelligence officials have concealed interference and states have rejected his presidential directives. These claims can then become the foundation for federal investigations into the votes, the processes by which the votes were cast, and even the voters themselves.

Once they announce the investigations, the administration can demand that states delay certification and that the House or Senate refuse to seat the apparent winners until alleged foreign interference, unlawful voting or official misconduct has been resolved. The investigations themselves can then become the means of delaying unwelcome results—or preventing their recognition entirely.

The administration has already demonstrated what such investigations can entail. In January, the FBI seized approximately 700 boxes of ballots and other election records from Fulton County, Georgia, as part of a criminal investigation into the 2020 election. The warrant relied in part on allegations that previous investigations had examined and rejected. In July, the FBI assigned 260 analysts and support personnel from across the country to the inquiry, designating it a priority investigation.

The Fulton County investigation concerns an election held nearly six years ago. Similar action during the counting and certification of the 2026 election would have immediate consequences. Federal warrants, seizures of ballots or voting equipment and the deployment of hundreds of federal personnel could interrupt state election procedures and delay certification while courts determine whether the investigation and seizures were lawful.

Former Trump strategist Steve Bannon linked Pulte directly to exactly such a potential action by the administration. On July 29, as Pulte’s brief tenure at ODNI was ending, Bannon predicted that Trump would declare a national emergency over election integrity during the last week of August. “The predicate is being laid perfectly—this is why Pulte is so important,” he said.

Bannon’s statement identifies the function of the July address and document release. Operating in tandem, they supply an official national-security predicate for federal action intended to prevent, and, if necessary, disrupt, the certification or recognition of election results Trump sees as threatening to his presidency.

Preparing to Treat Resistance as Terrorism

At his July 16 multinational conference on “far-left political terrorism,” Secretary Rubio called for refocusing international counterterrorism efforts on that threat and rebuilding the counterterrorism architecture to defeat it. The administration had already designated four European anarchist and antifascist groups as Foreign Terrorist Organizations; Rubio promised more. Treasury Secretary Scott Bessent announced expanded investigations of charities and nonprofits accused of concealing foreign influence or financing political violence. The White House called the initiative the start of a “global offensive.”

But the international aspect of the conference masked the initiative’s actual purpose, which was domestic. As current and former officials told The Washington Post, White House counterterrorism adviser Sebastian Gorka discussed using foreign terrorism designations to justify investigations of Americans with alleged Antifa connections. A foreign linkage, one official said, “can unlock certain investigative tools.” On July 23, former director of the State Department’s terrorist-designations office Jason Blazakis described the strategy more fully: create Antifa as an organization by executive order, build domestic enforcement machinery, establish a foreign connection through terrorist designations and seek ratification from other governments.

Foreign designations would expand the range of options available to the administration. If team Trump alleges that American activists supplied money, services, personnel or coordination to a designated foreign organization, it can invoke material-support laws, financial sanctions and counterterrorism investigations. The American group need not itself be designated; an alleged connection to the foreign organization can provide the federal predicate.

That is why the administration’s vocabulary matters. The classifications assigned to political conduct activate government powers. Protest becomes organized political violence. Property damage becomes economic sabotage. A nonprofit grant or political contribution becomes terrorist financing. Contact with a foreign activist becomes participation in a transnational extremist network.

Applied to a disputed election, allegations of fraud or foreign interference can be used to open investigations and seek warrants or seizures that interrupt the count or delay certification before a court determines whether the allegations are true. Applied to the resistance that follows, allegations of terrorism or material support can be used to initiate surveillance and prosecution of organizers, investigations of donors and nonprofit groups, and efforts to connect American activists to designated organizations abroad.

What States Must Do Before November

The administration cannot lawfully cancel the midterms, take over state elections or order either house of Congress to refuse to seat duly elected members. But investigations, record demands, attempted seizures of election materials, interference with mailed ballots and deployments of federal agents near polling places can intimidate voters, reduce turnout, provoke confrontations and delay the count. Even if ultimately held unlawful, such actions could disrupt an election before courts can stop them.

Trump does not need a final ruling that an election was fraudulent. He needs allegations sufficient to open investigations, federal power sufficient to disrupt state procedures and enough time to prevent disputed results from being certified or recognized on schedule.

State officials should prepare now for the widening range of potential federal interventions. Governors, attorneys general, secretaries of state and local officials need a common legal and operational plan for federal demands, subpoenas, warrants, attempted seizures, deployments of federal personnel and efforts to prevent certification. They should decide in advance who will respond, demand the asserted legal authority, seek emergency judicial relief and keep voting and counting underway. Election data and records should be preserved so that an attempted seizure does not give the federal government control of the only copies. Waiting until officers arrive or an investigation is announced surrenders the advantage to the administration.

Certification is already a mandatory duty under state law. State officials should determine before voting begins how that duty will be enforced, whether another official can act when a certifier refuses and whether a local refusal can delay statewide certification. Where existing law permits, regulations and election directives should clarify deadlines, burdens of proof and the limited circumstances in which recounts, audits or election contests can delay certification. Governors can use executive orders, within their existing authority, to assign responsibilities and coordinate the state response. Attorneys general should prepare to seek immediate judicial enforcement where administrative authority ends.

Routine election information will not be enough. States should continue to explain how ballots will be counted, when results can be expected and how audits and certification will proceed. Once voting begins, they should report how many ballots have been counted, how many remain and why. But before Election Day, officials should also explain who has legal authority to administer, count and certify the election, how disputes must be resolved and why the announcement of a federal investigation is not proof that an election has been compromised.

The governor, attorney general, secretary of state and affected local officials should establish a common communications plan before a crisis occurs. If federal officials intervene, the state should immediately tell the public what they have done, what authority they claim, how their actions have affected voting or counting and what the state is doing to protect the ballots and complete certification. States should also identify respected election officials of both parties who can explain and defend the process. Otherwise, the administration’s accusations may become the first and dominant account of the dispute.

States must also prepare for the demonstrations and counterdemonstrations likely to follow any federal attempt to delay or reject election results, while also protecting the right to peaceful assembly. The administration already treats protest as organized political violence, property damage as economic sabotage and financial support for activists as terrorist financing. State and local officials must respond to actual violence without allowing isolated misconduct to become a pretext for treating lawful opposition as a terrorist network.

The administration has taken enough steps to make federal disruption or nonrecognition of state election results plausible. Those risks are likely to intensify as November approaches and the threat of Democratic control of Congress becomes more immediate.

The administration’s greatest advantage in a contested election would be its ability to act first while everyone else decides how to respond. States still have time to reduce that advantage. They should use it.

Jonathan M. Winer, a former senior State Department official, is a member of The Washington Spectator editorial advisory board. He is also active with The Steady State, a nonpartisan organization of more than 280 former senior national security professionals from the CIA, FBI, Department of State, Department of Defense, and Department of Homeland Security, which advocates for constitutional democracy, the rule of law, and the preservation of America’s national security institutions.

Reprinted with permission from The Washington Spectator

Fox Praises Trump For Defending Election Integrity, While He Keeps Undermining It

Fox Praises Trump For Defending Election Integrity, While He Keeps Undermining It

In the week before President Donald Trump’s July 16 prime-time address, during which he pushed conspiracy theories that China interfered in his 2020 election defeat, Fox News has portrayed Trump as a leader on election security. However, his second administration has repeatedly taken actions to weaken the nation’s election security, including dismantling much of the Cybersecurity and Infrastructure Security Agency, disbanding multiple task forces to combat foreign influence on elections, and failing to work with local and state officials to secure elections.Fox claims Trump will help secure America’s elections
Fox News anchor Bill Hemmer previewing Trump’s address: “He made election integrity a main pillar for his second term agenda.” [Fox News, America’s Newsroom, 7/15/26]

Fox claims Trump will help secure America’s elections

  • Fox News anchor Bill Hemmer previewing Trump’s address: “He made election integrity a main pillar for his second term agenda.” [Fox News, America’s Newsroom, 7/15/26]
  • Fox contributor Johnny Jones: “Election integrity is what President Trump is working on finding and establishing.” [Fox News, The Five, 7/10/26]
  • Fox contributor Ben Domenech: “It’s a “wise move” for Trump to “make a case” for legislation related to elections because “they are popular when you look at them in a polling situation.” Domenech claimed that Americans “tried to have major changes happen in this country when it comes to election integrity. They do not believe those changes have been made. The president is arguing in favor of them.” [Fox News, Special Report, 7/14/26]
  • Fox anchor Trace Gallagher defended Trump from criticism about “the GOP midterm election integrity.” Gallagher aired a clip of former CIA Director John Brennan saying that “Donald Trump is going to do everything in his power, and beyond that, to be able to affect the outcome of the election.” [Fox News, Fox News @ Night, 7/13/26]

But the Trump administration has repeatedly undermined election security

  • CNN detailed how the Trump administration dismantled much of the Cybersecurity and Infrastructure Security Agency infrastructure that combats election threats. CNN reported that these Trump administration efforts have included firing 130 CISA staffers, “including 10 regional security specialists who worked with local and state election officials.” The acting agency director also “put all election-security and counter-disinformation work on hold pending an internal review” in early 2025. Former Homeland Security Secretary Kristi Noem “also ordered CISA in February and March to cancel more than $9 million in annual contracts with the Center for Internet Security, a non-profit group. Many of the cuts imposed by DHS targeted the Elections Infrastructure Information Sharing and Analysis Center, or EI-ISAC, which brought together more than 1,300 election and law enforcement officials around the country to help monitor and share information about threats to voting.” [CNN, 4/9/25]
  • CNN also reported that the Trump administration “disbanded the FBI’s Foreign Influence Task Force,” which “was among several agencies that warned that Russia, Iran and other countries were conducting operations meant ‘to undermine public confidence in the integrity of U.S. elections and stoke divisions among Americans.’” CNN described it as “a key FBI task force charged with investigating foreign efforts to influence elections.” CNN additionally reported that the administration “also left in the wind the fate of another FBI task force that investigated threats against election workers and polling places.” [CNN, 4/9/25]
  • CNN: “Secret US cyber operations shielded 2024 election from foreign trolls, but now the Trump admin has gutted protections.” CNN reported that “a year into a second Trump administration, many of the government centers previously tasked with repelling foreign influence operations have been disbanded or downsized — and local election officials are preparing to face a continued onslaught of foreign influence operations largely on their own.” The article continued: “The administration has shut down foreign-influence-focused centers at the Office of the Director of National Intelligence, the FBI and the State Department that helped warn the public that China, Russia and Iran’s spy services were targeting Americans with election-related disinformation. The Department of Homeland Security has also slashed its election security teams, which pass intelligence to local election offices and help them defend against cyber threats.” [CNN, 1/28/26]
  • NBC News reported that multiple state officials say the Trump administration has canceled election security briefings. A February article reported that several secretaries of state “said intelligence briefings from the federal government were invaluable during the first Trump administration,” but the administration stopped those briefings. The article noted that a February invitation by the Trump administration to participate in a call with the FBI about midterm election preparations was “the first time they have heard from anyone in this Trump administration about election security in months — or ever.” [NBC News, 2/9/26]
  • Nextgov: Trump’s 2027 budget proposal “would notably eliminate CISA’s election security program entirely, including cutting funding for information-sharing support to state and local officials and removing dedicated election security advisors across the country.” Nextgov reported that Trump’s budget proposal “would also end CISA’s support for the Elections Infrastructure Information Sharing and Analysis Center, or EI-ISAC, a key hub for sharing threat intelligence, cyber alerts and incident response resources with state and local election officials.” According to the article, these actions “would scale back one of the federal government’s main avenues for coordinating with state and local election officials on election cybersecurity risks like ransomware attacks, phishing campaigns and efforts by foreign adversaries to probe election systems and conduct influence operations.” [Nextgov, 4/7/26]
  • NOTUS: “The Justice Department Hasn’t Taken Its Usual Steps to Protect the 2026 Election.” NOTUS reported that “five months out from the midterm elections that will determine control of Congress, his Justice Department has canceled election-integrity training sessions for prosecutors and FBI agents, deleted a 281-page guide to prosecuting election offenses, fired most of the lawyers in its Public Integrity Section and failed to replace the director of its Election Crimes Branch.” Additionally, “the DOJ has not taken the usual steps to establish a ‘command center’ to monitor and address the typical emergencies that pop up around Election Day, three sources with knowledge of the situation told NOTUS. A command center team would address things like voter intimidation and targeted disinformation meant to hinder a fair process. These actions — and inactions — have alarmed current and former prosecutors, who say the Justice Department is not prepared to deal with threats to election integrity in the November elections.” [NOTUS, 6/8/26]
  • Last week, Trump fired Democratic members of the Election Assistance Commission. On July 10, The Associated Press reported: “The White House on Friday confirmed the executive action against members of the Election Assistance Commission, which distributes federal grants to states, oversees the testing of voting systems and maintains the national voter registration form.” According to the AP, “It’s the latest instance of the Republican president trying to exert White House influence over how U.S. elections are conducted.” [The Associated Press, 7/10/26]
Reprinted with permission from Media Matters
election

How GOP Operatives Wrecked The Election Assistance Commission

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On March 20, state election administrators got on a conference call with the Election Assistance Commission to plead for help. The EAC is the bipartisan federal agency established for the precise purpose of maintaining election integrity through emergencies, and this was by every account an emergency. In a matter of weeks, the coronavirus had grown from an abstract concern to a global horror, and vote by mail was the only way ballots could safely be cast in the states that had not yet held their primaries. But many officials didn't know the basics: what machines they would need and where to get them; what to tell voters; how to make sure ballots reached voters and were returned to county offices promptly and securely. "I have a primary coming up, and I have no idea what to do," Nevada Secretary of State Barbara Cegavske said on the call.

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