Federal Teams Prep to Contest Midterm Results Before Polls Close

The Department of Justice filed a lawsuit on Thursday to prevent Alaska from certifying its Senate race if the Republican incumbent loses. The suit argues the state failed to protect the election by allowing an independent candidate on the ballot. This move comes less than a week before Election Day and marks the latest federal action aimed at shaping the midterm outcomes.

Federal authorities are also preparing to intervene during the vote count. The Justice Department asked Washington state on Monday not to count ballots from more than 400 voters it suspects are noncitizens. More than one million ballots have already been cast in that state. Election officials in dozens of states are readying legal teams to respond to potential seizures of voting machines or paper ballots. Norm Eisen, executive director of Democracy Defenders Action, said his team is prepared to file lawsuits immediately if federal officials try to take election materials.

Tensions are rising at polling places as well. At least three lawsuits aim to stop Immigration and Customs Enforcement agents from deploying to polls on Tuesday. One filing notes that a Colorado county sheriff’s office already conducted warrant checks at voting locations this year. Arlington County in Virginia developed plans for arrests if federal agents cause disruptions. The county stated it had never before prepared for such threat scenarios. President Trump has not ruled out declaring a federal emergency or sending agents to the polls, telling Time in September that he did not rule anything out.

Mail-in ballots face additional scrutiny. An executive order signed in March asked the Postal Service to withhold ballots from voters not on verified lists. A preliminary injunction currently blocks that enforcement. In North Carolina, new rules require voters to use three separate envelopes for ballots and identification. The state’s ballot rejection rate has risen to 3.1 percent, up from 2.6 percent in the previous cycle. If local officials delay certification, state courts can compel them to act, according to the Campaign Legal Center.

David Becker, executive director of the Center for Election Innovation and Research, called the Alaska lawsuit unusual. He noted that no administration has tried to stop certification this close to the deadline. During the 2020 election, pressure was applied to Georgia officials to find 11,780 votes to change the outcome. The current legal battles span from the moment polls open to the final certification of results.