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Politics · Cleveland

Trump Administration Sues Alaska, Threatens California Ahead of Midterms

Federal officials are preparing for potential interference in voting and certification, prompting states to draft emergency legal responses.

By Rebecca Svoboda ·

Illustration for: Trump Administration Sues Alaska, Threatens California Ahead of Midterms
Illustration generated for this article, not a news photograph.

The Trump administration launched a series of legal and administrative actions this week to influence the upcoming midterm elections. The Justice Department filed a lawsuit against Alaska on Thursday to block the certification of the state's Senate race. Simultaneously, federal officials threatened California election workers with jail time and questioned the reliability of Minnesota's Senate results.

These moves follow a pattern of federal involvement that has accelerated since the start of the second term. In January, the FBI raided the Fulton County election office in Georgia and seized election materials. A federal judge allowed the government to retain those ballots in May. The department has not announced any wrongdoing from that investigation. In March, the President signed an executive order requiring the U.S. Postal Service to verify voter lists and withhold mail ballots from those not on the lists. A preliminary injunction blocked that order, but the legal fight continues.

State and local officials are preparing for various forms of interference on Election Day and in the days following. At least three lawsuits have been filed to stop Immigration and Customs Enforcement agents from deploying to polling sites. One lawsuit noted that a Colorado county sheriff's office has already conducted warrant checks at polling locations this year. Arlington County, Virginia, filed a preemptive legal action stating it has developed plans for arrests and civil actions if federal agents appear. The county noted it has never previously prepared for such scenarios.

Voting rights groups are coordinating with election officials to respond quickly to potential seizures of voting machines or ballots. Norm Eisen, executive director of Democracy Defenders Action, said his team is ready to file lawsuits within minutes of any federal interference. Law professor Rick Hasen urged judges to order copies of seized ballots so certification can proceed without delay. In Washington, the Justice Department asked state officials on Monday not to count ballots from more than 400 voters suspected of being noncitizens. Over one million ballots have already been cast in that state.

Mail-in voting remains a focal point of the dispute. In North Carolina, a new rule requires voters to use three separate envelopes for ballots and identification. Failure to seal any envelope results in ballot rejection. The state's rejection rate has risen from 2.6% to 3.1% compared to the previous cycle. In Alaska, the Justice Department accused the state of failing to protect election integrity by allowing independent candidate Dan J. Sullivan on the ballot. David Becker, executive director of the Center for Election Innovation and Research, called the late-stage intervention unusual, noting the department has rarely attempted to stop certification this close to the polls.

County officials in all states are mandated to certify results after tabulation is complete. The Campaign Legal Center states that state officials and courts can compel certification if local officials delay or refuse the process. Officials can also pursue criminal or civil penalties for noncompliance. Election experts expect Alaska to be the first of several states to face certification challenges, similar to the pressure applied to Georgia in 2020.

Federal agencies are expected to continue monitoring the election process through the counting of late-arriving mail ballots. The administration has not ruled out declaring a federal emergency or deploying additional agents if disputes arise. State election boards are keeping legal teams on standby to address any new warrants or injunctions filed by federal authorities.

Source: Time

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