In fact, we can now see that Trump and his allies are pursuing five distinct tactics. And for each aggressive move, a countermove is in motion to defend our elections.
Attempting executive action. We and others have already sued to stop Trump’s order on mail voting, just as we did last year when he attempted to rewrite voter registration rules. The plaintiffs wrote, “President Trump tried to make an end-run around the Constitution with another executive order last year and was promptly rebuffed by multiple courts. History will repeat itself.”
Enlisting Congress. For two weeks last month, Senators debated the SAVE Act, and they will likely try again when they return from recess next week. Don’t believe backers who claim it’s merely a benign voter ID bill. The Brennan Center has long been for commonsense voter ID, which was included in the Freedom to Vote Act that Joe Manchin, then senator for West Virginia, helped draft in 2021. You can read about our position and proposals here.
But the SAVE Act goes beyond ID at the polls. It would require voters to produce a passport or a birth certificate to register to vote, and 21 million Americans lack easy access to those documents. It would make voting harder in other ways too. If enacted, it would be the most restrictive federal voting law ever.
Public outcry has galvanized opponents to block the bill so far — and if we keep up the pressure, we will keep it from becoming law.
Deploying the Department of Justice. Prosecutors have demanded that states turn over sensitive voter rolls. Some states have agreed, but most states — Republican as well as Democratic — have refused. We have been tracking these developments and helping election officials understand their rights. Already, three federal courts have ruled that the federal government has no authority to grab these records. Again, pushback can be successful.
Pulling the cop off the federal beat. Trump gutted the federal election security agency, which helped state and local officials prepare for threats, misinformation, and violence. Civil society has had to step in to fill the gap in expertise and training.
Here’s an example. Over the last year, we have enlisted several national security leaders, including a former assistant secretary of the navy, a former deputy assistant secretary of defense, and a former deputy homeland security adviser, to work with Brennan Center staff to build out a coalition of top experts from law enforcement, election administration, veterans’ networks, and cybersecurity to monitor and prepare for emerging threats to elections.
Using force. The fifth strategy hasn’t happened yet: The use of immigration forces or troops to intimidate voters or disrupt balloting. Trump ally Steve Bannon has declared, “We’re going to have ICE surround the polls in November,” and said agents’ presence at airports would be “perfect training for the fall of 2026.” To be clear, numerous state and federal laws would make this illegal, and we expect courts to step up. To add extra safeguards, we have urged states to pass laws reinforcing protections. But court rulings may not be enough.
That’s where citizen engagement comes in. Civil society groups are beginning to mobilize: clergy, veterans, and more. The League of Women Voters has announced plans to mobilize tens of thousands of volunteers to poll watch, walk people to the polls, and generally ensure calm and safety for voters. Others are doing the same. The business community can help encourage poll workers. We need a community mobilization like the one we saw in Minneapolis, neighbor helping neighbor, in the event of mischief.
The bottom line: We can have safe and secure elections in 2026 — if we work for it.
Of course, there are things we can’t know yet. The Supreme Court could overturn the laws of 14 states, the District of Columbia, and three U.S. territories that count ballots received after Election Day as long as they were postmarked on time. That could affect voting in places such as California, Montana, and Utah, where mail voting is the norm. There will be twists and turns. But one thing is different this year.
Often, those who work to protect the freedom to vote must grapple with a paradox: Raising the alarm about voter suppression can persuade people not to vote. If you tell people that their vote might not be counted or that voting will be a challenge, they may not bother. That’s especially true for low-propensity voters. Typically, we modulate what we say to avoid unduly alarming voters.
I have a feeling this year is different. People are watching as their vote is being threatened and their rights are being undermined. This has become a mobilizing issue, not a demobilizing one. With the stakes all the more visible, voters are likely emboldened. So, you’ll be hearing from us loudly and repeatedly between now and Election Day.
The right to vote is precious. No one should have that fundamental right undermined. It will be up to all of us to ensure that voters have the final say in November.
Correction: A previous version of this piece incorrectly stated that 18 states count ballots received after Election Day as long as they are postmarked on time. In fact, that policy is in place in 14 states, DC, and three U.S. territories.
