President Donald Trump has already said that he is considering seizing ballot boxes during the 2026 midterm elections, most recently during a radio appearance with far right host Wayne Allyn Root. Even though his attempts to gain access to state voter rolls have overwhelmingly lost in court, there are still concerns that his efforts could spread chaos and sow doubt as to the legitimacy of the results if Democrats win key races.
Now a former Trump official is getting into specifics about exactly what Trump plans on doing — and who should be worried.
“If you overlay the refusers (the states that declined to hand over their voter rolls to Trump’s DOJ) with this fall’s top battleground races, then thirteen light up as high risk: Arizona, California, Colorado, Georgia, Maine, Michigan, New Hampshire, New Jersey, New York, Pennsylvania, Virginia, Washington, and Wisconsin,” wrote former Trump Homeland Security adviser Miles Taylor on Tuesday. “These states are home to some of the most important House and Senate toss-up races. Depending on how the results look after Election Day, the Fulton scheme could hypothetically be carried out in any of them.”
He added, “These thirteen are the likeliest targets, but they aren’t the only states at risk. There are battleground states that actually cooperated with the DOJ’s voter roll demands — including Ohio, Texas, Iowa, Florida, Nebraska, and North Carolina — that could be hit, too. Here the pretext would simply be flipped around: We ran the voter lists they gave us, and we found anomalies. So we have to go investigate.”
Even though Trump’s ballot box seizures are unlikely to hold up in court, Taylor added, he could still tamper with the results. Similarly, all it takes is a single magistrate judge to grant Trump access to the boxes in the first place, which is enough to create distrust in the result.
“In the end, Trump’s team doesn’t care about losing in court,” Taylor wrote. “All they care about is fighting the battle in the court of public opinion for two months — between the election on November 3, 2026, and January 3, 2027, when the next Congress is supposed to be seated. That’s long enough to diminish confidence in the results and to create enough justification for Speaker Mike Johnson to secure support from his caucus not to hand over power. Indeed, under the law, the House majority has the final say over who gets seated in the chamber.”
Taylor offered specific suggestions as to what advocates of democracy can do to stop this from happening.
“Attorneys general should consider sending public letters to the chief judges of every federal district in their states putting them on alert,” Taylor said. “The letters should ask that any warrant application having to do with ballots or election equipment be heavily scrutinized and challenged, or elevated to a district judge. These frontline judges are the last check before the FBI trucks roll in, and after what happened in Fulton County, all of them need to know that they might be served bogus claims from the FBI for seizing America’s votes.”
He added, “In the meantime, every at-risk state must have their emergency motions pre-drafted and ready to file within hours (fortunately, many already do). Secretaries of state should harden the chain of custody for ballots so an FBI seizure can’t feed on ambiguity. Local prosecutors must know their election-interference statutes front and back and be ready to prosecute lawbreaking feds (at DEFIANCE.org, we’ve helped many of them gear up to do precisely that). Finally, states should keep coordinating as a bloc, pre-bunking the ‘uncertainty’ narrative before the Trump administration decides which races it wants to contest.”
Speaking to AlterNet about this issue, Rutgers University political scientist Saladin Ambar — who specializes in the history of race in America — elucidated how the president is likely to play on racist sentiments to validate his actions with the public.
“Without any involvement of, or connection to race, Trump, I think, because of his ego, his obsessive will to power, is more than capable of finding other rationales and/or building blocks to make a ‘case for a national emergency’ to call off or delay the midterm,” Ambar told AlterNet.
He added, “What I will say is that going back, frankly, to our Declaration of Independence, which accused King George of fomenting insurrection and by that [Thomas] Jefferson was alluding to British support for some African Americans who were obviously enslaved to join the rebellion and to take up arms against the colonies at the time, going all the way back to the Declaration, presidents have and/or statesmen in America have used the fear of black uprisings, racial uprisings, riots and so forth as a pretext for declaring states of emergency for engaging in all kinds of unconstitutional acts, perhaps the greatest in the last 100 years being [Franklin Roosevelt's] removal of Japanese Americans to imprisonment camps.”
Speaking to AlterNet in June, Senior Policy Director for Voting and Fair Representation at the nonprofit Common Cause Dan Vicuña provided more detail about the various ways Trump could steal the midterms.
“What they all add up to is a desire to avoid any accountability to the voters in the midterm elections — to ensure, to preordain the outcome of a midterm that he thinks is going to go badly for him,” Vicuña explained to AlterNet. “We know, from the Big Lie of the 2020 election to spurring on a violent revolt to overthrow a free and fair election, that he has no respect for democratic norms, for the voice of the people. This is entirely about his own power and his own ego. He will even invest in protecting that ego and protecting his power at the expense of the needs of the public. People are suffering with high gas prices and affordability issues, and he does not care. All that matters is protecting his power, and he has no interest in whether he does that through democratic means.”
He concluded, “I think this all adds up to a desire to ensure that his party stays in power and his ability to do what he wants — to attack vulnerable communities — remains intact.”
