The 2026 midterm elections are already facing a pileup of pre-election lawsuits and ballot challenges, raising fears about confidence in elections as the Trump administration continues to make false claims about widespread voter fraud, according to an Axios report. Election officials in California, Washington, North Carolina and Alaska are dealing with disputes over voter lists, mail-ballot rules and certification challenges.
The types of challenges emerging so close to election day are highly unusual, said Jonathan Diaz of the Campaign Legal Center. "The types of challenges that we are seeing pre-election, this close to election day, are very unusual, and mostly because they are coming from the federal government," Diaz told Axios. He described the lawsuits as frivolous and warned they could "create doubt in the minds of the public about the legitimacy of the election process."
In California, the Trump administration asked state officials to set aside ballots from roughly 20,000 registered voters whom the Department of Justice suspects are noncitizens. A federal judge rejected the request Wednesday night, warning that the administration lacked sufficient evidence to justify potentially disenfranchising eligible voters. The judge noted that the DOJ had made similar claims in Nevada, where election officials determined that 185 voters flagged as noncitizens were actually US citizens. Diaz told Axios that, from his perspective as a voting-rights advocate, the California lawsuit was “not a real lawsuit. It's a political press release that they just happened to submit to the court.” The White House directed questions about the ruling to remarks President Trump made Thursday, in which he said “California is very corrupt,” and the state's elections are “extremely corrupt.” He did not provide evidence for his claims.
In Washington state, the two US attorneys' offices asked state officials to set aside ballots from more than 400 people they allege were illegally registered to vote, mirroring the California demand. Washington Secretary of State Steve Hobbs responded Wednesday, calling the timing "profoundly disappointing." He said a preliminary investigation confirmed that the federal list includes US citizens and is unreliable, and asked prosecutors to provide individualized proof of ineligibility.
Nearly 4,000 mail-in ballots, or about 6% of those processed through Oct. 24, have been identified with problems that could invalidate voters' choices if not fixed. Time is running out for voters to respond, and hundreds have yet to respond to notifications about their ballots. The rejections appear to stem in part from new guidance from the GOP-controlled state Board of Elections requiring the inner ballot envelope to be sealed, even if the outer envelope is already sealed.
In Alaska's Senate race, two candidates named Dan Sullivan are on the ballot: incumbent Sen. Dan S. Sullivan and retired teacher Dan J. Sullivan. The New York Times reported Wednesday that aides to Democratic candidate Mary Peltola allegedly helped recruit the other Dan Sullivan in an apparent attempt to confuse voters and siphon votes from the incumbent. Peltola's campaign denies any involvement. Alaska Gov. Mike Dunleavy has ordered an investigation to determine whether the alleged scheme violated Alaska law and whether criminal charges or civil action are warranted. The DOJ has separately sued to delay certification of the Senate election if the incumbent loses and votes for the other Sullivan could have changed the outcome.
Analysis
Why This Matters
- The wave of pre-election lawsuits and unsubstantiated fraud claims, particularly from the Trump administration, risks eroding public trust in the integrity of the midterm results before ballots are fully counted.
- The federal government's direct intervention in state-level voter list maintenance sets a precedent that could influence future election cycles.
- Voters in California, Washington, North Carolina and Alaska face specific hurdles that could disenfranchise them if issues are not resolved quickly.
Background
The 2026 midterm elections are being held in early November. The article reports on pre-election activity as of Oct. 29, 2026. The Trump administration has repeatedly made false claims about voter fraud without evidence, and the Department of Justice has pursued legal actions in several states. The Campaign Legal Center and other voting rights groups have criticized these efforts.
Key Perspectives
- Jonathan Diaz (Campaign Legal Center): Described the pre-election federal lawsuits as very unusual and frivolous, warning they could undermine public confidence in the election.
- The White House / President Trump: Did not respond directly but referred to Trump's statements that California's elections are "very corrupt" and "extremely corrupt," without providing evidence.
- Washington Secretary of State Steve Hobbs: Called the federal request to set aside ballots "profoundly disappointing" and cited that the federal list includes US citizens and is unreliable.
- Mary Peltola's campaign: Denied involvement in recruiting a second Dan Sullivan for the Alaska Senate race.
- Alaska Gov. Mike Dunleavy: Ordered an investigation into the alleged scheme to determine if state law was violated.
What to Watch
- Whether the Trump administration appeals the federal judge's rejection in California.
- The outcome of Alaska Gov. Dunleavy's investigation and any subsequent legal action.
- How many of the nearly 4,000 flagged North Carolina ballots are ultimately cured or rejected.
Checked
11 claims in this story checked against 1 source: 10 supported.
Show each claim
- SupportedThe 2026 midterms face a pre-election pileup of lawsuits and ballot challenges that is raising fears about election confidence.Axios: “The 2026 midterms already face a messy pileup of lawsuits and ballot battles, raising fears about election confidence before voters even finish casting ballots”
- Partly supportedA federal judge rejected a DOJ bid to set aside ballots from roughly 20,000 California voters.Axios: “the Trump administration asked state election officials to set aside ballots from roughly 20,000 registered voters whom the DOJ suspects are noncitizens. A federal judge rejected that push Wednesday night”
- SupportedWashington, North Carolina and Alaska are also dealing with election disputes.Axios: “Washington On Monday, the two U.S. attorneys' offices in Washington state asked the state to set aside ballots from more than 400 people”
- SupportedThe Trump administration continues to make false claims about widespread voter fraud.Axios: “as the Trump administration continues to make false claims about widespread voter fraud”
- SupportedJonathan Diaz said the pre-election challenges this close to Election Day are very unusual and mostly come from the federal government.Axios: “"The types of challenges that we are seeing pre-election, this close to election day, are very unusual, and mostly because they are coming from the federal government," Jonathan Diaz of the Campaign Legal Center told Axios.”
- SupportedThe Trump administration asked state election officials to set aside ballots from roughly 20,000 registered voters suspected by the DOJ of being noncitizens.Axios: “the Trump administration asked state election officials to set aside ballots from roughly 20,000 registered voters whom the DOJ suspects are noncitizens.”
- SupportedThe federal judge rejected the California request Wednesday night, saying the administration lacked sufficient evidence to justify potentially disenfranchising eligible voters.Axios: “A federal judge rejected that push Wednesday night, warning that the administration lacked sufficient evidence to justify potentially disenfranchising eligible voters.”
- SupportedTrump said California was “very corrupt” and the state's elections were “extremely corrupt.”Axios: “he said "California is very corrupt," and the state's elections are "extremely corrupt."”
- SupportedThe two Washington U.S. attorneys' offices asked the state to set aside ballots from more than 400 people they allege were illegally registered to vote.Axios: “On Monday, the two U.S. attorneys' offices in Washington state asked the state to set aside ballots from more than 400 people they allege were illegally registered to vote.”
- SupportedNearly 4,000 North Carolina mail-in ballots, about 6% of those processed through Oct. 24, were flagged for problems that could invalidate voters' choices if not fixed.Axios: “Nearly 4,000 mail-in ballots, or about 6%, processed in North Carolina through Oct. 24 have been flagged for problems that, if not fixed, could invalidate voters' choices.”
- SupportedThe New York Times reported that aides to Mary Peltola allegedly helped recruit the other Dan Sullivan in an apparent effort to confuse voters and siphon votes from the incumbent.Axios: “New reporting from The New York Times on Wednesday alleged that aides to Democratic candidate Mary Peltola helped recruit the other Dan Sullivan in an apparent attempt to confuse voters and siphon votes away from the incumbent senator.”