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Democracy & Rule of Law · Report · File No. 261027-484

Democrats prepare for election interference as DOJ targets Alaska, California, Washington

With a week left before the Nov. 3 midterms, Democrats and their lawyers say the Justice Department's pre-election moves could set up challenges to the vote count. The department says it is only enforcing election law.

16 of 20 paragraphs and bullets link directly to a source. The sources are listed at the bottom. How we work

Eric Holder
Eric Holder. Photo: United States Department of Justice, Public domain

Democrats are preparing for possible election interference a week before the Nov. 3 midterms. They point to remarks by President Trump and to actions by his administration in several states 1.

The Justice Department (DOJ) filed a lawsuit last week in Alaska that could block certification of results if Republican Sen. Dan Sullivan loses. The suit argues that a win for former Rep. Mary Peltola, the Democrat, could result from voter confusion with a third candidate, Dan J. Sullivan, on the ballot 1.

On tapeABC News · Oct 26
ABC News reports DOJ lawsuits in California and Alaska days before midtermsVideo: ABC News on YouTube, “Trump administration files lawsuits in California and Alaska”. It plays from YouTube when you press play.

Moves in several states

On Monday, a federal appeals court blocked the DOJ from making California election officials set aside 20,000 ballots it claimed came from noncitizens 1. A federal judge, David Carter, was preparing to hear the case on Tuesday while California voters were still returning mail ballots 1.

In Washington State, the DOJ asked the secretary of state to review a list of more than 400 registered voters it believes could be noncitizens 1. In Minnesota, Trump wrote on Truth Social on Monday that his administration is “watching closely” for voter fraud in the Senate race between Republican Michele Tafoya and Democrat Peggy Flanagan 1.

From Channel GOPTrump on the Alaska ballot and the DOJ suitDonald Trump · 220 plays · captioned, with the source named

Asked Tuesday whether he would respect the midterm results, Trump said he would “if they’re honest elections.” 1

What Democrats say

Former Attorney General Eric Holder, a Democrat, told CNN the efforts aim to discourage people from believing in the system and from voting 1. He said the DOJ could have done these things after the election, as it normally would 1.

On tapeWFXR NEWS · Oct 23
Report: DOJ sues to block Alaska certification if Republican senator losesVideo: WFXR NEWS on YouTube, “Trump administration sues to stop certification of Alaska election if Democrat wins”. It plays from YouTube when you press play.

Sen. Tina Smith of Minnesota accused Trump on Monday of “blatantly laying the groundwork to steal an election.” 1

The Democratic National Committee said it has staff in more than 35 states to train election observers. It also has its first in-house litigation team 1. Rachel Jacobs of the Democratic-aligned Elias Law Group said the firm will fight to ensure results are certified “according to the will of the voters.” 1

The administration's response

White House spokeswoman Lauren Bis said anyone who illegally voted “will be held accountable.” A DOJ spokesperson said the department makes “no apology for protecting those votes.” The spokesperson argued that enforcing election law right before an election is “exactly when it matters most.” 1

Those claims have met pushback. Democracy Docket reported on Oct. 21, citing NBC News, that the DOJ was weighing suits against more states before or after the midterms. The targets would be states that automatically mail ballots to registered voters 2.

The same report said Los Angeles County reviewed a sample from the federal list of suspected noncitizens in California. It found nearly half were canceled or inactive registrations 2. In Nevada, the administration's claim of nearly 16,000 potential noncitizen voters was later narrowed to 185. State officials said records showed all 185 were citizens 2.

What happens next

The California case goes back before Judge Carter. The Alaska suit and the Minnesota race are among the contests to watch as votes are counted and certified. A DOJ official would not say whether the department would seek to delay certification 2.

That matters because certification is the final step that confirms who won. Democrats say these early moves could be used to challenge results if Republicans fare badly, though that remains their fear, not an established plan 1.

The Record

  1. Democracy Docket, citing NBC News, reports the DOJ is weighing suits against more states over mail ballots and noncitizen voter claims 2.
  2. A federal appeals court blocks the DOJ from making California officials set aside 20,000 ballots 1.
  3. Democrats, Holder and Sen. Tina Smith warn of election interference as Trump says he will respect results “if they’re honest elections.” 1

Sources

  1. The Hill, “Democrats prep for election interference as Trump administration makes moves” (2026-10-27). thehill.com/policy/technology/6176078-democrats-midterm-elec
  2. Democracy Docket, “Report: Trump DOJ considers suing more states to control ballot counting, before or after the midterms” (2026-10-21). democracydocket.com/news-alerts/report-trump-doj-considers-s

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