The Markup: Post-Election Watch List

Election Day 2026 came and went without a major hitch. Local election officials and state advocates were prepared and responded to issues, and wide margins in most races left little room to challenge the results. So far, our system of checks and balances is working as it should.

However, though election deniers have been relatively quiet, they haven’t gone away. Dozens of races remain too close to call, and losing candidates and their allies are ready to use these close margins — and weaknesses in state law — to delay or refuse to certify. This week, our eyes are on: 

• Alaska: This race could stretch into late November, with ranked-choice tabulation set for Nov. 18. The president has called for votes cast for a second Dan Sullivan to go to the incumbent, and the administration is appealing its lawsuit to block certification if their candidate loses. We are on high alert for certification challenges. 
• Mississippi: The U.S. Senate race hinges on thousands of affidavit ballots, many from voters moved to inactive status after the state used inaccurate data instead of verified government records. The race demonstrates the critical importance of accurate, trustworthy list-maintenance practices. 
• North Carolina: Control of the state Senate hinges on hundreds of provisional ballots in District 24, where a Republican incumbent leads by just 245 votes. Election boards are set to inspect roughly 660 remaining provisional ballots this week, along with cured absentee and overseas ballots. If the Democrat wins, the chamber would be tied, with Democratic Lt. Gov. Rachel Hunt serving as tie-breaker. Democrats already flipped the state House and control the governorship.

See below for our full breakdown of election law and policy updates this week.

The Good News

Arizona, California, and Colorado voters reject restrictive mail voting ballot measures.

Proposals in all three states would have required mail voters to provide an identification number with their ballots. All three states already verify mail ballots by comparing the signature on each return envelope with the voter’s signature on file. In California, the proposal would also have imposed a strict ID requirement for in-person voting. In Arizona, the proposal would have narrowed the list of documents that qualify as voter ID for in-person voting.

Virginia voters amend state constitution to restore voting rights for citizens with past felony convictions.

S.J.R. 2, a constitutional amendment referred by the legislature, automatically restores voting rights to people with past felony convictions when they are released from incarceration. Virginia was one of only four states without automatic restoration of voting rights. However, a court ruling earlier this year limited the state to withholding voting rights after release only for homicide convictions.

Massachusetts voters approve same-day voter registration, reject open primaries.

Voters approved Question 4, which allows eligible residents to register to vote or update their voter registration address at their polling place on Election Day and during early voting. Voters rejected Question 3, which would have replaced party primaries for state offices with a single primary in which all candidates, regardless of party, appear on the same ballot. The top two candidates would then advance to the general election.

The Bad News

Nevada voters approve constitutional amendment establishing ID requirements for in-person and mail voting.

Voters approved Question 7, which requires in-person voters to show an acceptable photo ID and mail voters to provide the last four digits of their driver’s license or Social Security number. Existing law generally does not require either. Because voters also approved the measure in 2024, it is now part of the state constitution.

On Our Radar

Mississippi count continues amid high rate of provisional voting.

Counties are still processing affidavit (provisional) ballots cast from last week’s election. U.S. Sen. Cindy Hyde-Smith trails District Attorney Scott Colom by 0.3% with 97% of votes counted. Voters cast a high number of affidavit ballots after the state used credit-report data from Experian to identify voters who had allegedly moved. That data was not designed to confirm residency, so many voters were wrongly flagged and forced to cast provisional ballots. The National Republican Senatorial Committee sent officials a letter demanding that the provisional ballots be separated and preserved. Counties must certify results and finish processing all affidavit ballots by Nov. 13.

Alaska count continues as races remain uncalled.

The Associated Press has not called Alaska races for governor, U.S. senator, and U.S. representative. The state will proceed with ranked-choice tabulations in races where no candidate wins a majority. Initial ranked-choice results will be released on Nov. 18. A federal judge dismissed a U.S. Department of Justice lawsuit filed before the election over alleged voter confusion caused by two candidates on the ballot with the same name. The administration has appealed that ruling. Outgoing Gov. Mike Dunleavy has suggested he might not fulfill his obligation to sign the certification of results, citing claims of potential voter confusion. A proposal to repeal the state’s open-primary and ranked-choice system is trailing but also remains uncalled.

Colorado, Maryland voters leave door open to future redistricting; Missouri voters reject new map.

In Colorado, voters rejected a Republican-backed proposal requiring any mid-decade redistricting to be approved by the state’s redistricting commission and Supreme Court and prohibiting maps drawn for partisan advantage. Maryland voters approved a measure to exempt congressional redistricting from rules applicable to legislative redistricting that could have limited the state’s ability to eliminate its sole Republican-leaning district. In Missouri, voters rejected new congressional maps drawn by the legislature last year. The fight to repeal those maps involved litigation before the Missouri and U.S. supreme courts.

Texas officials acknowledge shortcomings in the voter registration system.

The Texas Secretary of State’s Office announced plans to convene county clerks and election administrators starting in December and proposed an independent audit to evaluate the system’s operational viability ahead of the 2027 legislative session. The state’s voter registration system, known as TEAM, was modified in 2025 and has frustrated local officials due to slow processing, technical errors, and record backlogs during midterm preparations. Secretary of State Robert Howden’s term ends on Jan. 19, and Gov.-elect Gina Hinojosa will appoint his successor.

Utah county deploys emergency electronic ballots for flood-impacted voters.

In San Juan County, 244 voters cast ballots electronically after catastrophic flooding disrupted election operations and made travel dangerous. The county offered the option under an emergency declaration. Usually, only military voters, overseas voters, and voters with disabilities can use the system.

Arkansas attorney general seeks to end consent decree that created majority-Black judicial districts.

Two days after the Nov. 3 general election, Arkansas Attorney General Tim Griffin filed a motion in federal court to terminate a consent decree that established 10majority-Black subdistricts across five judicial circuits. The 1991 decree resolved Hunt v. Arkansas, a Voting Rights Act lawsuit challenging the state’s at-large system for electing judges at a time when no Black judges had been elected in the state. Griffin argues the decree is no longer legally permissible following this year’s Supreme Court decision in Louisiana v. Callais. Litigation is ongoing.