The Markup: Federal lawsuits set the stage for post-election challenges

October 26, 2026

With eight days until Election Day, it’s hard to tell which election threats matter most. In this special edition of The Markup, we’re breaking through the noise to make sense of the latest trends and threats via our Election Risk Heat Map. This week: federal lawsuits are ramping up. These attempts likely won’t hold up in court, but that may not be the point. Instead, these efforts cast doubt on the results and lay the groundwork for challenges after Election Day. Here’s a preview of what we’re watching:

Alaska: The Justice Department sued to block the certification of the U.S. Senate race if the incumbent narrowly loses.
California: The Department of Justice is also trying to stop counting more than 20K mail ballots that already went out, alleging the voters are noncitizens.

The courts, local election officials, and law enforcement are pushing back: A federal judge blocked the Department of Homeland Security from sending agents door to door to question alleged noncitizen voters in nine states through Election Day. And in Florida, local officials and law enforcement responded quickly and effectively to concerns about voter intimidation after U.S. Customs and Border Protection Agents were spotted at a Tallahassee polling site.

See below for more of this week’s election law and policy news.

The Good News

Arizona voters mistakenly flagged as noncitizens reinstated following lawsuit.

The Maricopa County Recorder’s office has reinstated the registration of 25 voters flagged by the federal Department of Homeland Security’s unreliable SAVE database. An investigation by the Maricopa County Attorney’s Office confirmed they were citizens. County Recorder Justin Heap and Arizona Attorney General Kris Mayes disagreed over how to update the voters’ status. Mayes ultimately sued, and the parties resolved the issue in mediation.

The system allows voters with disabilities to receive and mark their ballots electronically using assistive technology. However, they must then print, sign, and return their ballots by mail or in person, which many cannot do without assistance. The judge ruled that the system does not allow blind voters to complete and return their ballots independently. Although the court has not yet ordered a specific remedy, plaintiffs are seeking an accessible electronic option to return ballots.

The Bad News

Federal judge allows North Carolina mail-in ballot restrictions to remain in effect for midterms.

A U.S. district judge denied voting rights groups’ request to block North Carolina’s new mail ballot rules. The requirements will remain in effect for the November election. The new rules, adopted by the North Carolina State Board of Elections last month, require county officials to reject ballots received in improperly sealed inner envelopes and to reject ballots if a voter’s signature does not appear to match the name on the ballot application. The plaintiffs argued that the changes will cause eligible voters’ ballots to be discarded and violate federal voting protections. Statewide, election officials have rejected 3.95% of mail ballots received so far.

U.S. Supreme Court rules student IDs cannot be used to vote in New Hampshire this election.

The state won an emergency request before the Supreme Court after a lower federal court blocked guidance from Secretary of State David Scanlan barring student IDs for voter registration and voting. A law enacted earlier this year removed student IDs from the list of qualifying photo IDs. In a brief order, the court ruled that a federal judge should not have changed state voting laws so close to the election. As a result, voters cannot use those IDs for any part of the voting process.

On Our Radar

Ninth Circuit judges appear skeptical of DOJ request in case over California mail ballots.

In a lawsuit against California, the U.S. Department of Justice (DOJ) sought an order mandating the segregation of 20,000 mail ballots sent to alleged noncitizens. The DOJ argues that California must confirm those individuals’ citizenship before counting their ballots. According to Los Angeles County officials, many individuals on the list were born in the U.S. The DOJ asked the Ninth Circuit Court of Appeals to intervene after the district court did not immediately rule on its request. During a hearing on October 25, the judges expressed doubts about whether the appeals court had jurisdiction to hear the case at this stage and on the merits. The district court has a hearing scheduled for tomorrow on the DOJ’s request for a temporary restraining order. The DOJ has sent similar demands to county registrars.

DOJ sues Alaska to block certification of U.S. Senate race if incumbent Sen. Dan Sullivan loses reelection.

The Department of Justice (DOJ) claims voter confusion over a similarly named candidate on the ballot could taint the election result. The DOJ argues Alaska should refuse to certify the results if incumbent Sen. Dan Sullivan does not win, and if he would have won if all votes cast for candidate Daniel J. Sullivan had gone to him. The Alaska Supreme Court previously ordered election officials to keep the non-incumbent Sullivan on the ballot after finding no legal basis for exclusion. The case now hangs in federal district court, with no proceedings scheduled.

Voters shift from mail voting to in-person early voting.

Across the country, voters are opting to vote early in person rather than by mail, possibly driven by President Donald Trump’s attacks on mail voting.

In Wisconsin, turnout for the first day of in-person early voting was up 65% compared to 2022, while mail ballots are down.
In North Carolina, board of elections data suggests a 33% drop in mail-ballot requests and a 49% increase in in-person early voting compared to a comparable period in 2022.
In Georgia, mail ballots accepted by election officials through late last week were down 50% from the same period in 2022, as in-person early voting is surging.

A ProPublica analysis found that in this year’s primary elections in counties facing mail service reductions, election officials rejected ballots for lateness at double or triple the rates of four years ago.

DOJ begins to detail election-monitoring plans across the country.

Weeks after the DOJ announced plans to deploy over 1,000 election monitors to polling places nationwide, the agency has begun notifying states where it intends to send monitors. The list of states includes Georgia, Pennsylvania, Michigan, Maine, and more. While this is a longstanding practice, the growing number of monitors, combined with escalating examples of federal interference, has raised concerns. Senators Chuck Schumer and Alex Padilla announced that more than 100 Senate Democratic staff members would serve as congressional election observers across nine states.

Judge rules against DHS doorknocking operation as Democratic groups file lawsuit to halt broader probes.

A U.S. district judge in California restricted Department of Homeland Security operations across nine states aimed at trying to find noncitizens who had allegedly voted illegally. The temporary injunction blocks the agency from continuing these specific operations, which included field interviews and doorknocks at individuals’ homes, while the case proceeds. However, federal officials may request an emergency stay before the election.

Meanwhile, congressional Democrats and immigrant advocacy organizations sued the federal government in Washington, D.C., seeking to halt broader federal efforts to usurp states’ election-administration authority and intimidate state and local election officials.

Florida election officials file FBI complaints after federal agents appear near early voting sites.

Election officials in Leon and Monroe counties contacted the FBI after reports of U.S. Customs and Border Protection (CBP) vehicles or agents at or near early voting locations. Federal law generally prohibits armed federal personnel from conducting activities at polling places unless necessary to repel armed enemies of the United States.