U.S. President Donald Trump during the National Prayer Breakfast in Washington, D.C., U.S., February 5, 2026. REUTERS/Al Drago
With President Donald Trump suffering from weak approval ratings in countless recent polls and Democrats having performed well in a series of late 2025 and early 2026 elections, Democratic strategists are feeling cautiously optimistic about their prospects in this year's midterms. A Texas State Senate special election on Saturday, January 31 in the Ft. Word suburbs was especially encouraging for them: Democrat Taylor Rehmet defeated Republican Leigh Wambsganss by 14 percent in a district that Trump won by 18 percent in 2024.
But progressive legal scholar Elie Mystal, in an article published by The Nation on February 5, warns that Trump and his allies will do everything possible to rig the midterms against Democrats. And the attorney fears that Trump opponents aren't doing enough to fight back.
"To ignore the threat posed by Trump, to pretend like everything is going to be OK, to assume that upstanding members of the courts will rise to prevent the theft of the election is to stick your head in the sand," Mystal emphasizes. "Trump and the Republicans have no intention of letting the upcoming midterms — in which Republicans are predicted to lose control of the House — proceed fairly. They're attacking the election through legislative, law-enforcement, and political means."
Mystal describes a variety of MAGA tactics.
"Republicans in the House have already passed the Safeguard American Voter Eligibility Act (SAVE Act)," the legal expert notes. "The bill radically reshapes the voter registration process by essentially repealing the Motor Voter Act. Instead of allowing people to register with a driver's license, the SAVE Act requires them to show additional identification, like a passport or a birth certificate, in order to register…. The SAVE Act isn't even the most dangerous thing Republicans in Congress have cooked up. That dubious honor belongs to the Make Elections Great Again Act (MEGA Act), so named because these people are obviously in a cult."
Mystal continues, "The MEGA Act includes all of the same requirements to register to vote as the SAVE Act, but also, requires these new forms of identification to be shown by voters when they try to cast their ballots…. All of this would be bad enough, but Republicans aren't just hoping for legislation that will allow them to suppress the vote in 2026, they're also putting in place the legal ability to steal the votes that get through these gauntlets. Last week, the FBI raided the Fulton County elections operations center, which covers Atlanta, looking for 2020 ballots…. If the FBI can seize old, 2020 ballots in the name of fishing for 'election fraud,' it's not hard to imagine them seizing ballots and voting machines trying to stop 'fraud' in 2026. Attorney General Pam Bondi has also appointed, essentially, a 'special counsel,' Thomas Albus, and given him the authority to seize ballots."
Mystal points out that Steve Bannon, host of the "War Room" vodcast and former White House chief strategist in the first Trump Administration, is flat-out calling for U.S. Immigrations and Customs Enforcement (ICE) agents to "surround the polls come November."
"Who knows what kind of ICE presence we'’ll see on Election Day?," Mystal warns. "Who knows how much violence they'll use to keep people from voting? But you'd be a rank fool to think the answers to those questions are 'nothing' and 'none.'"
