We are all proud of the American tradition of free and fair elections. That tradition is a result of hard work by thousands of state and local election officials around the country. Their jobs are tough and getting tougher. In recent years, they have had to work in the face of increasing scrutiny, threats and relentless attacks on our democracy.
In 2026, we face a new threat: a concerted campaign by the executive branch of the federal government to undermine the midterms. We don’t know if Trump administration officials will follow through on their threats to interfere with the work of election officials, but we must be prepared.
President Trump has said he wants to “take over” elections. He has issued executive orders attempting to rewrite the rules. And he has used the Justice Department to seek personal voter information and threaten election officials who do not comply. Most recently, the Justice Department filed a federal lawsuit trying to pre-emptively block the state’s certification of the Senate election in Alaska if the Republican incumbent were to lose narrowly.
All of these gambits are contrary to our Constitution, which gives the power to regulate elections to the states and Congress, not to the president. That’s why the courts have blocked the Trump administration’s plans to “take over.” To their credit, election officials of both parties have also refused to go along with these outrageous efforts.
The Trump administration said it would dispatch around 1,000 election monitors to polling places across the country. It’s important to remember that under the law, election monitors are entitled to observe polling places, but they cannot administer elections, determine voter eligibility or direct any election officials.
State and local election officials may find themselves in a terrible bind. They are not supposed to take orders from the president or any federal agency. The law across all 50 states is clear that they must not obey illegal orders of any kind, including those issued by the federal government.
If they decide to comply with such illegal directions or instructions, election officials could face civil or criminal penalties. Under the law, they can be sued personally in civil court by anyone with standing and held responsible in court if they follow an improper order by the federal government about the administration of the election system, with sizable monetary damages as a possible result.
In an interview with Time magazine, Mr. Trump declined to rule out sending ICE agents to polling places. Three federal laws — including protections signed by Abraham Lincoln — prohibit federal troops and agents from interfering in elections. If Justice Department or ICE agents show up claiming emergency powers, election officials should say that none of their instructions will be obeyed without a court order signed by a judge. The “administrative warrants” issued by the Department of Homeland Security are not sufficient. Only an order with the John Hancock of a state or federal judge compels any action.
Election officials should know that organizations such as the Brennan Center for Justice and the Democracy Defenders Fund have their backs. Mr. Trump does not. His pardon power does not apply to convictions under state law, and he most likely will not cover any legal expenses.
The risk of cooperating with federal officials who move beyond silent monitoring to active intervention in elections is significant. We have already seen convictions, disbarments and civil judgments stemming from the 2020 election, which, even though they mostly targeted partisan figures, nonetheless stand as a warning.
I’m confident that the patriotic Americans who handle elections will resist any pressure to do the wrong thing. I want to thank them for the dedication and integrity they bring to ensuring free and fair elections in our democracy.
Bill Bradley is a Democratic former U.S. senator from New Jersey.
Source photographs by Rawpixel and rimglow/Getty Images.
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