2026 Election Legislation Preview: High Stakes and Moving Fast

The Trump administration has made no secret of its plans to change the rules that govern our elections, from pushing states to redraw congressional districts to attacking voting machines and mail voting. But state legislatures are responsible for setting the rules — rules that determine who can vote and how our elections are conducted. States are also running up against the clock: given that it’s an election year, state lawmakers will face pressure to act quickly to ensure any new rules take effect in time for spring and summer primaries. 

Below, we lay out our predictions for the state election-related trends that will dominate state legislatures in 2026 — and how they could affect voters and election officials come November. 

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2026 At a Glance

• 88 out of 99 state legislative chambers will have seats up for grabs.  These races will decide who controls election policy for years to come. 
• 38 state legislatures will be in session by the end of January. Only Montana, Nevada, North Dakota, and Texas will not meet this year. 
• 36 states will hold elections for governor and other statewide offices.
• 26 states are pushing legislation that would restrict mail voting
• 32 states have active bills that would impact how the state maintains its voter list
• 14 states are advancing legislation to add new proof-of-citizenship requirements for voter registration. 
• 12 states have active bills that would limit early voting. 

Prediction #1: Trump’s 2025 Agenda Offers a Window Into 2026

Many of the issues likely to dominate the headlines in 2026 may feel like déjà vu. These include proof-of-citizenship mandates, new hurdles for mail voters, shorter ballot return windows, and attacks on military voters. These policies reflect President Trump’s election priorities, as laid out in his March 2025 Executive Order on Elections. 

While multiple federal courts blocked many of these provisions, the administration’s order was announced as many legislative sessions were wrapping up in 2025. 

This year, states are likely to hit the ground running on Trump’s marching orders. This time, they will have a full legislative runway in which to get them done. 

• Proof of citizenship will once again rise to the top of legislative agendas. Fourteen states already have active bills that would add new proof-of-citizenship requirements for voter registration. 
• 26 states are pursuing legislation to restrict mail voting, and 12 states have active bills to limit early voting. 
• 32 states have active bills that would affect how they maintain their voter lists. The Department of Justice has requested access to each state’s voter list. These lists include sensitive identifying information like full Social Security numbers for each voter.

Proof of citizenship remains the centerpiece of Trump’s election agenda. Following a largely unsuccessful campaign last year, Trump appears to be trying to misleadingly rebrand proof-of-citizenship mandates, such as the federal SAVE Act, as “voter ID.” Even states that do not impose new burdens on voters at the point of registration may pursue aggressive voter list maintenance practices to purge alleged noncitizens from the existing voter rolls. A growing number of states will rely on unreliable data sources, such as the SAVE database, despite its questionable record of identifying ineligible voters. 

One notable restraint: federal law limits systematic list maintenance within 90 days of federal elections, a restriction that will cover more than half the period between now and Election Day, as primaries are just around the corner in many states. 

Prediction #2: Last-Minute Redistricting Will Create Election Chaos

Many states will continue pursuing mid-decade redistricting — in a not-so-subtle push to gerrymander districts to favor their political party. 

In Florida, Gov. Ron DeSantis has called for a special session of the state legislature to consider congressional redistricting, scheduled to begin in April. Virginia lawmakers plan to put a constitutional amendment before voters to allow legislators to pass a new congressional map. And states like California and Missouri face ongoing litigation around redistricting efforts last year. These changes — so close to elections — are likely to confuse voters and election officials and lead to more legal challenges. 

States changing their congressional maps for 2026 will likely need to move statutory candidate filing deadlines later and may need to postpone primaries to facilitate the changes. Voters may have to plan for important elections at unfamiliar times while election officials deal with compressed timelines ahead of and between critical 2026 elections.

Prediction #3: States Will Make Changes to Prevent Election Manipulation 

Still, some states may have learned their lessons from 2020 and 2024. Some are now taking action to prevent post-election disruptions and bad-faith efforts to subvert legitimate election results. We expect many states to take proactive steps to reduce post-election disputes and improve election administration. 

For example, Wisconsin could change the rules to give election officials more time to process ballots. This would speed up results reporting and streamline election administration. In response to confusion and litigation ahead of the 2024 election, Georgia may also seek to clarify the State Election Board’s authority. Pending Virginia legislation would reaffirm federal statutory safeguards against cancelling voter registrations near Election Day. Such eleventh-hour cancellations led to confusion and litigation in the run-up to the 2024 election.

These proactive measures align with Voting Rights Lab’s recommendations to safeguard our elections in 2026. 

Prediction #4: Federal Overreach Will Continue to Loom Large

State lawmakers will also face a larger looming threat: federal interference in state-run elections. The Department of Justice has active lawsuits against 24 states and Washington, D.C., in a brazen effort to obtain these states’ complete lists of registered voters, including sensitive personal information. Recently, the DOJ sent a letter demanding that Minnesota share information about its same-day voter registration process. These demands are likely to escalate in the lead-up to the election. President Trump may also seek to impose additional changes through executive order. These directives would come despite courts striking down many of the provisions of his order from last March.

In addition, the U.S. Supreme Court will issue consequential rulings this term on cases that will shape the future of the Voting Rights Act and mail-voting deadlines. If history is any guide, we are also likely to see another flurry of federal and state lawsuits challenging local or statewide election rules and procedures. As the courts resolve these disputes, state executives and lawmakers will need to adapt quickly within an already compressed legislative calendar. 

What’s At Stake

Midterms are often the busiest season for state legislators and election administrators — and 2026 will be no exception. States are under immense pressure to act quickly. The courts and the Department of Justice are watching closely; and voters and election officials will face new rules that could confuse voters and erode confidence in election administration. 

Voting Rights Lab is tracking these developments in real time. To stay up to date on the latest election bills moving through state legislatures, subscribe to the Markup.

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