With Election Day just days away, Democrats are bracing for a wave of post-election legal challenges, pointing to a series of moves by the Trump administration targeting voter processes in key states. The Justice Department's preemptive lawsuit in Alaska, along with threats to scrutinize voter rolls in California, Minnesota, and Washington, has fueled concerns that the administration is laying the groundwork to contest results that don't go its way.
Alaska lawsuit targets ballot certification
The DOJ filed suit in Alaska last week, arguing that if Republican Sen. Dan Sullivan loses to former Rep. Mary Peltola, the outcome could be tainted by voter confusion stemming from a third candidate with a similar name—Dan J. Sullivan. The lawsuit seeks to block certification of the results if Sullivan loses, a move that Democrats say is an unprecedented intervention in a state's electoral process.
President Trump has also turned his attention to Minnesota, where he posted on Truth Social that his administration is "watching closely" for voter fraud in the Senate race between Republican Michele Tafoya and Democrat Lt. Gov. Peggy Flanagan. The president's remarks came as the Cook Political Report shifted the race from "likely Democrat" to "lean Democrat," indicating a potential GOP pickup opportunity.
DOJ actions in California and Washington
On Monday, a federal appeals court blocked a DOJ request that would have forced California election officials to set aside roughly 20,000 ballots the department claims were cast by non-citizens. In Washington State, the DOJ has asked the secretary of state to review a list of more than 400 registered voters it suspects may also be non-citizens. These actions, taken in the final week before the election, have drawn sharp criticism from voting rights advocates.
When asked Tuesday whether he would respect the midterm results, Trump said he would "if they're honest elections," a comment that has only heightened Democratic anxiety.
Democratic response and legal preparations
Former Attorney General Eric Holder, in an interview with CNN, accused the administration of trying to undermine public confidence in the electoral system. "They're just throwing all of this stuff out there in an attempt to discourage people from believing in the system and trying to discourage people from coming out and registering them to vote, and then actually voting themselves," he said. "Any of these things that they are doing could have been easily done after the election, consistent with the way in which the Justice Department normally operates."
Sen. Tina Smith (D-Minn.) went further, accusing Trump of "blatantly laying the groundwork to steal an election." In a post on X, she warned that "Minnesota will not take kindly to thinly veiled threats from a guy we've rejected three times (soon to be four)."
The Democratic National Committee (DNC) said it is prepared to counter the administration's efforts. "We have grown our voter protection program, with staff based in more than 35 states to train and support election observers all across the country," said DNC spokesman Angelo Fernández Hernández. "The DNC's first-ever in-house litigation team is working tirelessly to defeat attacks on our voting rights as Republicans attempt to make it harder for voters to cast their ballots and hold them accountable for their cost-raising, billionaires-first agenda."
Rachel Jacobs, a senior partner at the Democratic-aligned Elias Law Group, told The Hill that the firm is ready to respond to any post-election actions. "If and when the election deniers in the Trump administration try similar or new tactics this fall, we will be ready to fight back and ensure that the results are certified according to the will of the voters," she said, referencing efforts to overturn the 2020 presidential election.
Context and stakes
Minnesota is one of the few states where Republicans could flip a Senate seat, and recent polls show Flanagan narrowly leading Tafoya. Alaska's Senate race is considered a toss-up, with Sullivan facing Peltola under the state's ranked-choice voting system.
The administration's actions in California and Washington, both deep-blue states, suggest a broader strategy to challenge election integrity in areas where non-citizen voting is alleged. White House spokeswoman Lauren Bis vowed that anyone who illegally voted "will be held accountable," while a Justice Department spokesperson defended the actions, saying, "When this department acts to keep noncitizens from voting, it's called election interference. That's a double standard. Enforcing election law right before an election is exactly when it matters most and voters deserve to know their elections are being protected."
As Election Night approaches, Democrats are also monitoring other races, including shifts in House contests that could affect the overall balance of power. The legal battles now brewing could extend well beyond Tuesday, with both sides preparing for a protracted fight over certification.
