DOJ Launches Pre-Election Legal Blitz to Challenge State Certifications
With nine days until the 2026 midterms, the Trump administration’s Department of Justice (DOJ) is aggressively challenging state election processes. The DOJ filed a preemptive lawsuit in Alaska to block Senate certification if the Republican incumbent loses, citing voter confusion from a duplicate candidate name. Simultaneously, the department sued California to halt the counting of ballots from 20,000 suspected noncitizens. Attorney General Todd Blanche refused to rule out similar interventions in other states, dismissing concerns about pre-election impartiality as a 'misperception.'
Key points
- Alaska: The DOJ sued to block certification of the U.S. Senate race if Democrat Mary Peltola defeats incumbent Dan S. Sullivan, arguing a second candidate, Dan J. Sullivan Jr., is siphoning votes. President Trump personally ordered the lawsuit.
- California: The DOJ sued to block the counting of ballots from 20,000 suspected noncitizens, demanding county officials segregate ballots within 48 hours. The department appealed to the 9th Circuit before a lower court could rule.
- Other Actions: The DOJ raided Rep. Ilhan Omar’s home, indicted Virginia Sen. Louise Lucas on drug charges, and charged two former FBI officials. A White House committee was established to investigate Federal Reserve governor Lisa Cook.
- Blanche’s Stance: Attorney General Todd Blanche stated the DOJ is part of the executive branch and does not engage in 'political paybacks.' He acknowledged a potential 'doomsday scenario' where the DOJ might intervene in state certification but denied planning to interfere improperly.
Background
This escalation follows a pattern of increased federal intervention in state affairs, including recent shifts in ICE tactics and prior DOJ lawsuits targeting California voter rolls. The current actions contrast sharply with the traditional 60- to 90-day quiet period before elections, a convention Blanche dismissed as unwritten and irrelevant to ongoing investigations.
How outlets are covering it
Axios frames the DOJ’s actions as a shattering of traditional guardrails, emphasizing the unprecedented nature of blocking state certifications and the personal involvement of President Trump. NBC News highlights Blanche’s refusal to rule out future interventions, noting the lack of legal authority for the DOJ to challenge state certification. Democracy Docket criticizes the California lawsuit as 'absurd' and notes the DOJ’s changing descriptions of the noncitizen list. Mediaite focuses on Blanche’s defensive reaction to CNN’s Dana Bash, who questioned if the DOJ was laying groundwork for a post-election overturn scenario, which Blanche rejected as 'crazy.'
Why it matters
The DOJ’s actions represent a significant departure from historical norms of pre-election restraint, potentially setting a precedent for federal interference in state-run elections. If successful, these lawsuits could alter the outcome of close races and undermine public confidence in the integrity of the 2026 midterms.
What to watch
The 9th Circuit Court of Appeals will review the DOJ’s emergency appeal in the California case. Peltola’s campaign and national Democrats are intervening in the Alaska lawsuit. Blanche indicated the DOJ is monitoring 'a number of states' for potential similar actions, though he declined to specify which. The midterms are scheduled for November 3, 2026.
- Trump's DOJ barrels into midterms with lawsuits, raids and arrests Axios
- Blanche won’t rule out DOJ post-election action in a ‘doomsday’ scenario NBC News
- Sunday shows preview: Trump’s DOJ keeps close eye on election results; Last-minute campaigning heats up The Hill
- Blanche threatens ‘a number of states’ with California-style voting lawsuits Democracy Docket
- AG Todd Blanche Fumes at Dana Bash in Fiery CNN Interview Mediaite
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