Preserving Our Free and Fair Elections

| Present

Millions of Americans breathed a huge sigh of relief after the off-year election took place on November 4, 2025. Democrats made major headway in elections for Governor in Virginia and New Jersey; in state Supreme Court retention elections in Pennsylvania; in the closely-watched mayoral election in New York City; in other mayoral elections in Connecticut (Boston’s Democratic mayor Michelle Wu ran unopposed and was reelected); in Georgia’s statewide Public Service Commission contest; in state legislative elections in Mississippi; and in various contests in Georgetown, SC, Orlando, FL; Syracuse, NY; and Charlotte, NC. In California, with only Proposition 50 on the ballot, the measure, led by Gavin Newsom, Democratic Governor and outspoken critic of the twice-impeached and convicted felon, President Trump, won handily to allow the state to redraw congressional districts to potentially flip current GOP House seats to the Democrats in 2026. (Of course, Republican legislators immediately challenged the measure in court.)

These results are significant for our elections – and encouraging – not only because the Democrats won in many places where they might not have been expected to win but in several other ways:

  • Turnout was quite high in several jurisdictions.
  • In a number of districts, voting by young adults greatly impacted the results.
  • Trump and his right-wing allies have made it a habit to criticize mail-in voting and falsely equate it with widespread voter fraud. As has been proven time and again in the past 10 years, there is no evidence for this, including in the 2025 elections.
  • Despite so-called “election monitors” in New Jersey and California, sent by the Trump Department of Justice (DOJ) with the intent to intimidate voters and throw doubt on election reliability, they did nothing to deter voters. Lines went around the block at polling places for hours on Election Day.

What we all need to be very aware of now, however, is that Trump, his cronies, the authors of Project 2025, and others are determined to hold onto their power (and wealth) at all costs – and their attempts (many of them illegal and unconstitutional) are well underway. Awareness is the first step; action by all of us is next.

Trump’s efforts to rig the 2026 elections

If we look at the Trump legacy from several thousand feet, we can see that Trump – psychopath and erstwhile Mob Boss – has not only been skirting the law for most of his adult life, he has also, ironically (but cleverly) been using the law and the Constitution to his own advantage. Anyone who knows Trump to any extent knows that one of his favorite legal tactics is to delay, delay, delay. Because he is wealthy and can afford lawyers, he can take far more advantage of strategies and loopholes than an average citizen who might find him- or herself under indictment or arrested.

This strategy has helped him immensely in recent years as he and his lawyers successfully delayed court actions so long that the cases being pursued against him were not decided before he was reelected President in November 2024. As many Americans and in the media noted in the lead-up to that date, Trump desperately wanted to be President again to avoid going to jail.

The other result of delay tactics – by the Supreme Court, in this case, on behalf of Trump – was taking their time deciding the enormously important immunity case. By deciding in Trump’s favor – and against the well-reasoned decisions of lower courts – Trump is now in a position to do almost anything he wants, and this brings us back to the issue of free and fair elections.

First, despite Trump’s pronouncements to the contrary, the insurrection at the US Capitol on January 6, 2021, was most certainly a brazen (and deadly) attempt to thwart the will of the people and invalidate legitimately-case votes across the country. We must never forget this thoroughly evil act and the corollary acts for which Trump was ultimately impeached and indicted.

If he could do this (and subsequently, of course, pardon all the insurrectionists after the Biden DOJ had successfully convicted and even jailed so many of them), then it is not a huge leap for Trump to try to find a way to defy the 22nd Amendment and remain president for a third term, as he and many of his followers have been floating. Trump’s audacious destruction of the East Wing of the White House (most likely done “without legally required approvals or reviews”) is another indication that he intends to stay at least part-time in DC past 2028 (in a historic building that does not belong to him, but to us citizens) – a northern base of operations along with his “Florida White House” at Mar-a-Lago. Marc Elias of Democracy Docket points out further evidence that Trump is at least thinking along these lines:  “He even sells merchandise suggesting he can remain in office after a second term — despite the Constitution’s explicit prohibition.”

Here are some examples of the efforts that Trump et al are currently undertaking to skew the 2026 elections in his favor, to ensure that his compliant GOP House and Senate members stay in power so that his pernicious goals, both personal and political, are not thwarted.

Executive Orders. Many of the EOs that Trump has signed in his first 10 months in office are attempts, overtly or indirectly, to sway upcoming elections in his direction. Trump has also floated the possibility of issuing an EO to restrict or eliminate voting by mail. Since the Constitution (Active 1, Section 4, Clause 1) delegates voting to the states, this attempt, if Trump were to go ahead, would be yet another example of his extreme disregard for the Constitution and would be challenged in court.

Decimation of the Civil Rights Division. The Trump Administration is effectively decimating the Civil Rights Division of the DOJ. The Division, which was created during the civil rights movement almost 70 years ago, has historically had the mission of combatting discrimination and protecting Americans’ constitutional rights in the areas of voting, housing, employment, education and policing. Now, around 70 percent of the Division’s lawyers have left as a result of Trump’s change in focus, which includes enforcing such EOs as “Protecting Children from Chemical and Surgical Mutilation,” “Eradicating Anti-Christian Bias” and “Additional Measures to Combat Antisemitism,” among others. In April, the Division, under the direction of AG Pam Bondi and Assistant AG Harmeet Dhillon, issued a new mission statement for the Voting Section, “prioritizing the prevention and prosecution of so-called voter fraud rather than the affirmative protection of voting rights across the country.” This has resulted in the withdrawal of DOJ’s engagement in at least seven legitimate voting rights cases it inherited. These actions by the administration have serious ramifications across the country, especially among Black and Latino voters.

Anti-DEI efforts. One can argue that all of Trump’s efforts to intimidate Americans of color and eliminate all initiatives that would support such Americans are efforts to steer future election results in ways that will favor not only Trump but also other wealthy white males. The right knows full well that affirmation action and related successes over the past 50 years have often given Democrats electoral advantage. Without laws and practices that have shaped American society toward more diversity, people such as Barack Obama, Alvin Bragg, Letitia James, Karen Bass, Hakeem Jeffries, Cory Booker and others – who have been such a thorn in Trump’s side over the years – most likely would not have been able to stand for office or won elections; our past tragic and shameful record of racism and white supremacy over the years would not have allowed it. Of course Trump also has major beefs with white men who have criticized him. However, his extreme, violent and cruel ICE raids against even legitimate citizens who happen to be brown or who appear to be Hispanic further demonstrate Trump’s desperate efforts to intimidate people of color so that they will silently conform to his wishes and refrain from going to the ballot box to assert their rights.

Reducing polling places in minority areas. In 2013, the Supreme Court significantly weakened a key provision of the Voting Rights Act (VRA) in Shelby County v. Holder. According to the Legal Defense Fund (LDF), the law had previously “required the federal government to approve any changes to voting – including poll site changes – in select states and counties to ensure that the changes didn’t limit voting access, particularly for Black and Brown voters;” the requirement was known as preclearance. Nine states were affected by this regulation, a determination that was based on their previous history of restricting citizens from exercising their right to vote; the states were Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia. Since the Shelby decision suspended preclearance, many states have taken full advantage of the opportunity to return to their old ways, passing laws restricting voting access and increasing voter suppression. Some of these measures have included the closure of hundreds of poll sites. According to ABC, more than one in five polling places closed between 2012 and 2022 – approximately 27,000. While there may be legitimate reasons for election officials to change election procedures, “the ABC data analysis identified a dozen states that did not make major changes to their election procedures, yet still reduced the number of places to vote in person on Election Day.” Among many other ramifications of poll closures is the fact that, “when the distance to a voting place increases by a quarter of a mile, up to 5% of voters stop going to the polls.” In many of the locales where polls have been closed, the decisions are conscious and deliberate attempts to restrict voting by people of color.

Ways to fight back

Another of Trump’s well-worn tactics is to “flood the zone” and constantly pummel us with outrageous statements, social media posts, and actions, to the extent that we not only cannot keep up with them but also cannot fact-check them or respond to them. Thus many of the efforts Trump is undertaking now may be falling under the radar for many Americans (although the recent No Kings marches and the elections indicate instead that millions of Americans are paying attention, despite the challenges). Unfortunately, standing up for democracy is not a sprint but a lifelong marathon; we cannot rest for very long, since those who want power for themselves are always with us (and prove that they will not stop at anything to achieve their goals). Here are some actions we can continue to take.

  • When election time comes (in addition to voting ourselves!), find ways, if feasible, to help voters get to the polls or assist them with absentee ballots. Be aware of local regulations about lending assistance.
  • Support efforts in your state to make voting easier and protest efforts to inhibit voting, including allowing absentee voting and voting by mail. Remember: there has never been found to be widespread voter fraud in any US elections, despite the right’s disinformation to the contrary.
  • Do not be intimidated by efforts to prevent you or others from voting. Be wary of any efforts, some of them quite subtle, to send incorrect or misleading information to voters that could invalidate legitimate votes.
  • Support nonprofit organizations that are fighting voter suppression. We have mentioned some of them earlier.
  • Encourage voter education programs in schools, senior centers, libraries, and other venues. Educating our youth about the importance of voting (and of engaged citizenship in general) helps ensure that our elections will remain free and fair. Similarly, assisting senior citizens or people with mobility issues to vote is also essential.
  • Join civic groups, contact our elected officials, assist with voter registration drives, participate in peaceful protests, and sign up to be poll workers.
  • Support state officials, such as governors and attorneys general, who are suing Trump and otherwise fighting his efforts to suppress the vote.
  • Support laws that protect election workers.
  • Support voting by our military and others who may be living overseas.
  • Be aware of, support and applaud the fired DOJ lawyers who are finding other positions and ways to serve the public.
  • Other suggestions are listed by LDF.

In addition, we can expect our judicial system across the country to continue acting on behalf of the American people. We can hope that the courts will “remain skeptical of, and ready to quickly dismiss, unfounded claims targeting election officials, voters, or election equipment,” etc. The Brennan Center for Justice further encourages various actions at the state level:

  • “States must equip local election officials and law enforcement with the tools to understand their rights and obligations in the face of federal interference, including how to respond and coordinate.
  • “Election officials must feel that state and local authorities will support their ability to do their jobs in accordance with the law. That may include refusing federal agencies and other non-state actors who make illegal requests for access to election data and equipment.”

As we approach the 250th anniversary of the signing of the Declaration of Independence, we will remember that free and fair elections are at the basis of our beloved democratic republic and that we all have essential parts to play in its survival.

Leave a Reply