Senators Demand Blanche Pledge No Ballot Seizure Before Midterms
Three Democratic senators have formally demanded that Attorney General Todd Blanche publicly confirm the Department of Justice will not seize ballots or voting equipment before the 2026 midterm elections are certified. The letter, sent on October 17, arrives just one day after the DOJ filed a lawsuit in California seeking to block the counting of over 20,000 mail-in ballots alleged to belong to noncitizens. The senators argue that recent DOJ actions, including the removal of the Election Crimes Manual from the website and the suspension of internal consultation protocols, have created dangerous uncertainty. They warn that any federal interference with state election processes could constitute a severe constitutional violation, especially as early voting has already begun in several states. While the FBI Director has sworn not to seize ballots, the senators note his commitment is contingent on the Attorney General’s authority.
Key points
- Senators Padilla, Durbin, and Whitehouse sent a letter to AG Blanche demanding a written commitment by October 29 that DOJ will not seize election materials before certification.
- The demand follows a DOJ lawsuit filed against California on October 16, seeking to bar the state from counting ballots from 20,000 voters alleged to be noncitizens.
- The senators cited the DOJ’s removal of the Election Crimes Manual from its website and the suspension of the Public Integrity Section’s consultation role as signs of policy weakening.
- The letter references prior FBI seizures of ballots in Georgia and Arizona, as well as Trump’s direct calls to DOJ attorneys regarding election investigations.
- The senators argue that removing ballots from state officials could prevent lawful votes from being counted or elections from being certified, violating the Civil Rights Act of 1960.
Background
This dispute occurs against a backdrop of shifting DOJ norms, including a recent memo allowing senior appointees to campaign and a large batch of citizenship revocation cases filed in October. Earlier in the month, a rogue letter from a Georgia election official requested federal intervention, highlighting internal tensions. The current demand for non-interference follows a pattern of escalating federal-state conflicts over election administration, distinct from the closed Powell renovation probe but consistent with the administration’s broader push to influence electoral outcomes.
How outlets are covering it
Democracy Docket and The Guardian frame the situation as a direct threat to separation of powers, with The Guardian noting the DOJ is 'doing the opposite' of its historical non-interference stance. Sierra Sun Times emphasizes the legal arguments, citing the Civil Rights Act and the potential for 'spoiling' an election. While all sources agree on the urgency, The Guardian highlights broader partisan activities by DOJ leadership, whereas Sierra Sun Times focuses on the specific procedural gaps in the Justice Manual. Democracy Docket notes the silence from Blanche and Patel regarding earlier inquiries, a point echoed in the Sierra Sun Times letter details.
Why it matters
The outcome of this demand could define the legal boundaries of federal election interference in the 2026 midterms. If the DOJ proceeds with ballot seizures or challenges, it may set a precedent for federal override of state election results, potentially leading to widespread litigation and a crisis of confidence in the electoral process. The senators' deadline of October 29 leaves little time for resolution before Election Day.
What to watch
The DOJ must respond to the senators' letter by October 29, 2026. The California lawsuit regarding 20,000 ballots will proceed through the courts, potentially setting a precedent for federal challenges to state ballot counting. The DOJ may also release the revised Election Crimes Manual or clarify its stance on the suspended consultation protocols. Military leaders have already confirmed they will not deploy troops to polls, but the DOJ’s position remains the primary variable.
- Todd Blanche must confirm DOJ won’t seize ballots, senators demand Democracy Docket
- How Trump’s justice department is testing separation of powers before the US midterms The Guardian
- California U.S. Senator Alex Padilla, Democrat Colleagues Demand DOJ Commit to Not Seize Ballots, Voting Equipment During Midterm Elections, Says, “The Department Has Failed To Affirm Its Election Non-Interference Policy” Sierra Sun Times
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