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Your Questions Answered: How the ACLU Is Safeguarding the 2026 Midterms

Дата публикации: 29-09-2026 17:02:00

President Trump and his allies are trying to interfere with the 2026 midterm elections. Here’s what that means for your vote, and how the ACLU is fighting back to ensure power remains where it belongs — in the hands of voters.

Основное содержимое страницы с новостью.

A group of patches on denim encouraging people to vote.

A group of patches on denim encouraging people to vote.

President Trump and his allies are trying to interfere with the 2026 midterm elections. Here’s what that means for your vote, and how the ACLU is fighting back to ensure power remains where it belongs — in the hands of voters.

President Trump and his allies are trying to interfere with the 2026 midterm elections. Here’s what that means for your vote, and how the ACLU is fighting back to ensure power remains where it belongs — in the hands of voters.

Right now, our freedom to vote is facing a coordinated attack on multiple fronts. The Trump administration and its allies at every level of government are abusing their power to sow chaos and doubt ahead of the midterms. They are weaponizing the federal government against voters: trying to restrict mail voting, demanding Americans’ sensitive voter data, using federal agents to intimidate communities, discouraging eligible voters from voting with deliberately confusing messages about voter eligibility, and threatening to interfere with how votes are cast, counted, and certified.

But the Constitution is clear: No president has the power to unilaterally change election laws. And no official at any level can override the results. Our elections are run by state and local election officials under laws that bind every official, and the results are decided by the voters. Our democracy belongs to the people.

The ACLU is ready. This year, we built the largest election safeguarding program in our history, with more than $24.5 million invested and thousands of staff, volunteers, supporters, and legal and organizing teams on the ground across the country. We are ready to protect voters before, during, and after Election Day, and stop any attempts by President Donald Trump or other officials at any level of government to abuse their power to undermine our democracy. Since President Trump returned to office in January 2025, we have already taken more than 80 legal actions — including over 40 against the Trump administration itself. And we're achieving significant wins for voters, including at the Supreme Court, which this month let stand an order blocking the administration's attempt to weaponize the U.S. Postal Service (USPS) against mail voting.

Below, ACLU experts answer some of your most pressing questions about election interference, what we’re doing to safeguard the midterm elections, and what you can do to make sure your vote counts.

What is the ACLU doing to make sure voters can access the ballot and overcome barriers to voting?

We’re fighting to make sure every eligible voter can register, cast a ballot, and have that ballot counted without unnecessary barriers standing in the way. That means taking on restrictive laws in court and working with communities to make sure voters have the information and resources they need to participate.

This year, we’ve already seen important victories. In New Hampshire, we successfully challenged a law requiring voters to provide citizen documentation when registering, as well as other new barriers that could have prevented eligible voters from casting a ballot. A federal court struck down the law and blocked it from taking effect in the 2026 elections. In Montana, we successfully blocked a law that would have cut eight hours from Election Day voter registration, protecting a critical voting option that is especially important for Native voters in rural and reservation communities.

Our work doesn’t stop in the courtroom. In Congress, we’re fighting the so-called SAVE America Act, which would require Americans to produce citizenship documents like a passport or birth certificate to register to vote, and would expand federal involvement in voter registration. Millions of eligible citizens don't have those documents on hand, and this bill would put additional hurdles between them and the ballot box.

And in communities across the country, we’re helping voters understand their options, make a voting plan, and navigate the process, including hosting joyful early voting events for voters who prefer to vote in person. The goal is simple: Eligible voters should be able to exercise their fundamental right to vote with confidence and without unnecessary obstacles standing in their way.

What if President Trump issues an executive order to take over, disrupt, or cancel elections? Can an emergency order stop an election?

Absolutely not. And the ACLU, alongside our partners, will make sure of that. The Constitution is crystal clear: The president has no authority to rewrite our election rules — that power belongs to the states and Congress alone. And courts have already agreed with us. No declaration of emergency and no assertion of executive power gives any president license to ignore the Constitution, interfere with elections, or undermine the rights of voters.

The presidency has limits. President Trump cannot cancel elections. His threats to do so are an attempt to suppress turnout by confusing and distracting voters. We can’t let the empty threats of the Trump administration and its allies distract us. We will challenge unlawful actions in court when necessary. Courts can act quickly to prevent election disruptions and protect voters’ rights, as they have to protect mail voting. We are prepared to use every tool at our disposal — in the courts, in statehouses and in communities — to protect voters and ensure elections are administered according to law. We will not allow politicians to weaponize their power against voters or undermine the fair elections our democracy depends on.

I heard that the Department of Justice is trying to seize sensitive voter information. Is my data being shared with the federal government?

The Department of Justice (DOJ) has demanded sensitive voter data, including names, addresses, dates of birth, driver’s license numbers and partial Social Security numbers, without clearly explaining how that information will be used or protected. About a dozen states have handed it over. But most have refused, and when the DOJ sued them to force the issue, it has lost every case decided so far.

Here’s what’s critical to know now, as voters are starting to cast their ballots for the midterms: Whether your state shared your data doesn't change anything about your voter registration. Only your state can remove you from the rolls, and federal law bars states from systematically purging voters in the 90 days before a federal election. That window is in effect now.

The ACLU is fighting on every front. Since October 2025, the ACLU has intervened or participated as a friend of the court in more than two dozen of the 31 cases that the Department of Justice has brought to seize states’ voter data, representing voters and civil rights organizations. So far, 25 of the DOJ’s lawsuits have been dismissed, and voter data in these states remains protected. Representing voting rights groups, we and our partners sued to block the Department of Justice from illegally stockpiling millions of Americans’ confidential voter data and creating a national voter database to surveil and purge voters in April. Not only are the department’s actions illegal, but they are part of a broader effort to interfere with how elections are administered and undermine voters’ ability to make their voices heard

Voters should not have to worry that their personal information could be exposed, misused, or used to justify voter challenges and purges. These cases are about protecting voters’ privacy and ensuring that federal officials cannot overstep their authority and put eligible voters’ access to the ballot at risk.

I’m confused about the USPS’s ability to deliver ballots. Is voting by mail still a good method?

Yes, voting by mail remains a trusted and reliable method for voting! You can still receive and return your ballot through the mail as permitted by the laws of your state. That has not changed. President Trump's attempts to restrict mail voting have been blocked this election cycle, thanks to our ongoing legal fight. Earlier this month, the U.S. Supreme Court itself joined other courts in letting stand a court order blocking the Trump Administration’s attempt to weaponize USPS for the November 2026 elections.

So yes, voters can still cast mail ballots — and they can do so under the longstanding rules that they have been relying upon. Voting by mail is a proven, secure method of voting that we strongly support. As a best practice, we recommend requesting and returning your ballot as early as possible. And if your state has secure drop boxes, we recommend using one as a convenient way to drop off your ballot and ensure it is returned on time.

We fought and won in court to protect mail voting for this November, and we're making sure voters know every option available to them. As election day approaches, check your registration, make your voting plan, and consider several options for voting, including early and mail voting options which vary by state.

I live in a city where the Trump administration has deployed immigration enforcement or there is a heightened presence of federal immigration agents. What should I do if I see federal agents at or near my polling site?

First and foremost, vote. Your rights don’t change because federal agents are in your community. Federal law, and many state laws, protect voters from intimidation. The presence of armed federal agents at the polls is illegal, as is the deployment of ICE, other federal officials, U.S. military, or National Guard troops to interfere with elections and the right to vote.

Given how this administration has used federal agents in communities this year, we're taking this threat seriously, and we're ready to go to court immediately if it happens. But don't let the threat keep you from voting. Voting is one of the most powerful ways to make your voice heard.

In the unlikely event that you see federal agents at a voting location:

  • Stay safe. Stay calm, avoid confrontation, and alert an election worker if possible.
  • Report it to the Election Protection Hotline, given below, as soon as possible.
  • Document it if you can do so safely: the location, time, type of activity, number of people, and any details about their uniform or clothing. Keep in mind that some states don’t allow photography and filming at or near polling locations.
  • Be careful before sharing information about agents’ presence more broadly, including on social media. False reports of federal agents or ICE at a polling place can cause undue panic and discourage people from voting.

We’re working alongside partners to host regular virtual Know Your Rights sessions that have trained thousands. And our affiliates on the ground have held in-person trainings, so voters know their rights, including what to do if individuals encounter federal agents at the polls. We also offer the following Know Your Rights resources:

We are also intentionally reaching out to voters to make a voting plan that fits their needs and community. If you or your family are worried about immigration enforcement activity occurring during the voting period, make a voting plan that keeps everyone safe. Many states offer mail-in or early voting, so you don’t have to go to a voting location on Election Day. Voters can be accompanied by family members regardless of whether those family members are citizens, but noncitizen family members may choose not to travel to polling places in an abundance of caution.

One important thing all of us can do ahead of the election is share the Election Protection Hotline widely. If you see any concerning behavior at the polls, or just have a question about voting, call or text the following numbers:

  • 1-866-OUR-VOTE (English)
  • 1-888-VE-Y-VOTA (English/Spanish)
  • 1-888-API-VOTE (English/Asian languages)
  • 1-844-YALLA-US (English/Arabic).

What if bad actors steal, destroy, seize, or tamper with my ballot or local polling machines?

Every eligible voter has the right to cast their ballot and have it counted, free from intimidation by politicians afraid of the results, and free from interference by any government officials. Our elections have strong safeguards built in: Nearly every voter casts a ballot with a paper record that can be audited, and state law strictly controls who can handle ballots and when.

If anyone attempts to interfere with your right to vote, the ACLU is ready to respond with the full force of litigation and organizing capacity. We and our partners are working to ensure that elections officials have the information they need to ensure that ballots are protected and the chain of custody preserved, and we are preparing to go to court if necessary.

Courts are already stepping. In September, because of successful litigation by our partners, the California Supreme Court recently ruled that a Southern California sheriff unlawfully seized some 650,000 ballots from a 2025 special election and ordered him to to return them to elections officials.

We’re also on the ground. We’ve hired organizers in the states where the risk is highest, and our affiliates are running critical programs to monitor everything from access at the polls, to vote counting, to certification. They’ll be deploying poll monitors across the nation in our upcoming election. And we will equip local election officials with the resources and support they need to fulfill their duties. And as always, we will keep voters updated with reliable information and effective calls to action. This work is already underway.

Here's what you can do: If your state offers ballot tracking, use it to confirm your ballot was received and counted. And if you see anything that concerns you, report it to the Election Protection Hotline at 866-OUR-VOTE.

How is an election certified? What happens if my elected officials refuse to certify election results?

The law is clear: Once votes are cast and carefully counted, elected officials have a duty to respect the results. They cannot pick and choose which election outcomes to accept.

Every state has a meticulous list of steps that they take to count and verify ballots in the post-election period. While each state’s process varies, every state has trained professionals and volunteers who count ballots transparently, securely and accurately in order to ensure only eligible ballots are counted. After this thorough counting process, certification is the last step that is required by law.

The ACLU is prepared to address attempts to interfere with the counting of ballots and will fight to ensure that election results are respected. To protect voting locations, counting centers, and election results, many of our affiliates are training post-election monitors to deploy to counting and certification.

We are also prepared to sue public officials who refuse to certify election results. For example, before voting began in the 2024 presidential election, we filed a lawsuit with the ACLU of Michigan after a member of the Kalamazoo Board of County Canvassers indicated his willingness to violate Michigan’s Constitution and election law if he disagreed with the results of the election. As a result of the suit, the board member agreed in a sworn affidavit to certify the November 2024 presidential election results. We’re ready to take action again this year if necessary.

We’re also making sure the public knows how elections are administered and are ready to demand every vote be counted and ensure all results reflect the will of the voters. Through our Organizing to Protect Democracy online trainings, we are reaching nearly 10 thousand people across the country who have the skills they need to organize with us. And we've taken our movement deeper with in person convenings in Arizona, Georgia, Ohio, Michigan, New Hampshire, North Carolina, and Utah. We’re also ready to help lead the charge not only in the court of law, but in the court of public opinion, if there are any attempts to undermine fair certification.

I'm concerned about election security. What should I do about it?

It’s understandable to have questions about the safety and security of our elections, particularly at a time when this administration is taking unprecedented steps to restrict access to the ballot.

But there’s no need to navigate that uncertainty alone.

The ACLU and our affiliates are organizing our largest ever volunteer mobilization and training program to protect voters before, during, and after the elections. We’re already doing the work — and there are concrete ways you can join us:

  • Attend a Know Your Rights training: We're holding these and distributing materials across the country, so voters know their rights and what to do if they face issues at the ballot box.
  • Become a poll monitor, certification monitor, or other election safeguarding volunteer: Find out what local organizations lead monitoring programs and join them! In many places, it’s the ACLU or our partners.

The bottom line

Threats to the ballot box aren’t isolated, coincidental, or based on any sound argument. They're part of a coordinated effort to make voters doubt the process, stay home, or give up on the idea that their vote matters. But voters are not powerless, and neither are we. The ACLU and our partners have been preparing for these threats and are already taking action to protect the freedom to vote. We will not let voters become collateral damage in political schemes to hold on to power.

Voting is about people having a say in the decisions that shape their lives and communities. Every voter deserves the facts, and every voter deserves the confidence that their vote will be counted.

Your vote is the most powerful tool you have to influence the future of our country — if it wasn’t, President Trump and his allies wouldn’t be trying so hard to take it away from you. The ACLU will never stop working to protect it.

  • Press Release

    Sep 2026

    U.S. Supreme Court, for a Third Time, Declines to Overturn Lawful Missouri Congressional Map

    Voting Rights

    U.S. Supreme Court, for a Third Time, Declines to Overturn Lawful Missouri Congressional Map

    WASHINGTON — Today, the U.S. Supreme Court has, for a third time, declined to allow an unlawful congressional map to be used in the 2026 midterm elections in Missouri. Less than two months before Election Day, two congressional candidates and two voters attempted to force the state once again to use the 2025 map that was a result of mid-decade redistricting, even though it had already been ruled unlawful by the Missouri Supreme Court, a ruling twice left in place by the U.S. Supreme Court. Campaign Legal Center, the ACLU of Missouri and ACLU Voting Rights Project filed amicus briefs at the Missouri Supreme Court, the Eighth Circuit Court of Appeals, and three times at the U.S. Supreme Court, most recently on September 22, 2026, urging the Court to stay a rogue decision of the Eighth Circuit and a federal district court attempting to resurrect the 2025 map. Today the Supreme Court stayed those lower court decisions, definitively confirming that the 2026 election must take place under the lawful 2022 map. “The gerrymandered map passed in 2025 in Missouri was never law, and yet self-interested, partisan politicians, and now two lower federal courts, have repeatedly attempted to impose it on voters for the 2026 midterms,” said Mark Gaber, senior director of redistricting at Campaign Legal Center. “This case should never have reached the Supreme Court three times, but we’re glad that the final outcome of these cases is Missourians having the opportunity to vote under a lawful map this fall.” “Politicians and elected officials have unleashed unnecessary but intentional chaos on Missouri voters, not for the benefit of their constituents but for themselves and the state actors in D.C. who designed and demanded these maps solely for partisan power grab," said Gillian Wilcox, director of litigation and policy for the ACLU of Missouri. "Voting has already begun and today's decision closes the door on the politicians’ shenanigans." "The people of Missouri have the right to go to the polls and reject the State's attempt to gerrymander their congressional districts, and the Supreme Court has now confirmed, for the third time in as many weeks, that the State's unlawful districts cannot be used this November,” said Ming Cheung, senior staff attorney with the ACLU’s Voting Rights Project. “Voting has already begun, and all efforts to cause confusion and chaos must cease. This saga began in 2025 when politicians tried to rig the map and take away representation from Kansas City residents, but the courts have now made clear that voters — not politicians — decide who represents them.” Background: In September 2025, the Missouri General Assembly passed House Bill 1 (H.B. 1) which created a new, mid-decade, gerrymandered congressional map. In response, the people of Missouri exercised their rights under the Missouri Constitution by collecting signatures for a referendum petition on H.B. 1. On December 9, 2025, Missourians submitted over 300,000 signatures in support of the referendum. Under the Missouri Constitution, this should have suspended the implementation of the new map until voters had an opportunity to either approve or disapprove of it in the next election. However, Missouri Secretary of State Denny Hoskins refused to certify the referendum petition and attempted to force voters to vote under the unlawful map. Secretary Hoskins’ actions were met with swift legal action, and after moving through multiple lawsuits, the U.S. Supreme Court denied multiple efforts by him and other political actors to retain the unlawful 2025 map in the upcoming midterms. This latest decision from the Supreme Court comes after an appeal of an Eighth Circuit ruling that the unlawful map must be used.

    Court Case: Hoskins v. von Glahn (Amicus)

    Affiliate: Missouri

    U.s. Supreme Court, For A Third Time, Declines To Overturn Lawful Missouri Congressional Map. Explore Press Release.

  • Press Release

    Sep 2026

    Nightmare Over for Crystal Mason, Highest Criminal Court in Texas Dismisses State’s Petition for Review  

    Voting Rights

    Nightmare Over for Crystal Mason, Highest Criminal Court in Texas Dismisses State’s Petition for Review  

    AUSTIN, Texas — The Court of Criminal Appeals today let stand a lower court's ruling that acquitted Crystal Mason of illegal voting by dismissing the state’s petition for review as improvidently granted. The lower court’s decision vacates Mason’s conviction in Crystal Mason v. State of Texas and should mark the end to a nearly decade-long legal battle to defend her innocence. The lower court’s decision found there was insufficient evidence to show that Mason knew she was ineligible to vote. She had faced up to five years in prison. “In all these years, I never lost my faith that justice would be done,” said Crystal Mason. “I am so happy my nightmare is over and I can move on. I hope people who hear my story are encouraged to make their voices heard and to get out and vote. If the right to vote weren’t so important, they wouldn’t be trying to take it away.” Mason, a Black mother of three from Fort Worth, was convicted of illegal voting for submitting a provisional ballot in 2016 that was never counted as a vote. She believed she was fulfilling her civic duty and had no idea the state considered her ineligible to vote. The Texas Second Court of Appeals reversed Crystal Mason’s conviction, and the Court of Criminal Appeals upheld that decision. Mason was represented by the American Civil Liberties Union of Texas, the national ACLU, and the Texas Civil Rights Project, along with criminal defense attorney Alison Grinter and civil rights attorney Kim T. Cole. The following quotes can be attributed to members of her legal team: Sophia Lin Lakin, director of the ACLU’s Voting Rights Project: “Crystal Mason has fought this injustice for nearly a decade, and we are thrilled that the Court of Criminal Appeals has finally put an end to this case. No one should face prison for casting a ballot when they had no idea they were ineligible to vote. During a time where politicians are sowing chaos and confusion into our elections, today’s decision is a long-overdue recognition that voting requirements should be transparent, and that we should never criminalize voters over honest mistakes.” Tommy Buser-Clancy, senior staff attorney of the ACLU of Texas: “Civic participation without fear of imprisonment is a cherished right that is critical to our system of democracy. The highest criminal court in Texas affirmed that right by letting the lower court’s acquittal stand. Ms. Mason has spent nearly a decade defending her rights in Texas and today we see that her efforts have been successful not only in defending her own freedom, but also in protecting the ability of Texans across the state to participate in our democracy without fear." Zachary Dolling, litigation director for the Texas Civil Rights Project: “Ms. Mason should never have been prosecuted in the first place, and although she’ll never get back the years of her life she spent fighting against this unjust prosecution, she can at least move on. This decision allows us to celebrate Ms. Mason’s bravery and courage over the past six years.” Alison Grinter, criminal defense attorney: “This is a momentous day for voting rights in Texas. For nearly 10 years, Ms. Mason had to wake up each morning knowing the state was threatening to imprison her for simply doing her civic duty. Tomorrow, she’ll wake up with that burden lifted, knowing that her effort to participate in our democracy should never have been criminalized and that she can continue to do the voter empowerment work that she has been championing for all of these years.” Kim T. Cole, civil attorney for Mason: “We are grateful that the Court allowed Crystal Mason’s acquittal to stand and finally brought this nearly decade-long injustice to an end. For years, while Crystal lived with the agonizing threat of having her freedom ripped away, she turned her pain into purpose—educating and registering voters and fighting to protect the very right that led to her prosecution. However, justice does not end with an acquittal. Crystal suffered through years of legal battles against a prosecution which we have always maintained was politically motivated and never should have happened.” Access the Court of Criminal Appeals brief here. More background here.

    Court Case: Crystal Mason v. State of Texas

    Affiliate: Texas

    Nightmare Over For Crystal Mason, Highest Criminal Court In Texas Dismisses State’s Petition For Review  . Explore Press Release.

  • Press Release

    Sep 2026

    ACLU and ACLU Voter Education Fund Invest $2.3 Million in Michigan House and Senate Races, and the Michigan Supreme Court Race

    Voting Rights

    ACLU and ACLU Voter Education Fund Invest $2.3 Million in Michigan House and Senate Races, and the Michigan Supreme Court Race

    DETROIT – The ACLU of Michigan, the American Civil Liberties Union, and the ACLU Voter Education Fund are spending $2.3 million in select Michigan House and Senate races, and the Michigan Supreme Court race. The commitment is part of the ACLU’s effort to inform voters that their civil rights and liberties, including voting rights and abortion, are on the ballot this November election. Voter guides and paid advertising will be utilized to educate voters about the candidates in these races. The ACLU Voter Education Fund is spending about $400,000 in the Michigan Supreme Court race, and the ACLU is spending about $1.9 million in select legislative races. State lawmakers shape civil rights and liberties, as does the Michigan Supreme Court. Their decisions impact the expansion or restriction of voting rights, reproductive rights, privacy rights, and other civil rights and liberties. The ACLU of Michigan and national American Civil Liberties Union, have invested in four Senate and House races, including Senate Districts 4, 9, 13 and 30, and House Districts 27, 44, 46, 109. The senate and House District races are highly contested. There are two open seats on the Michigan Supreme Court, and voters will choose two candidates out of six who are running. Though state parties nominate Michigan Supreme Court candidates, each will appear in the nonpartisan section of the November 3 election ballot. The ACLU and ACLU Voter Education Fund will reach voters through mailer guides and digital advertising. "Michigan voters overwhelmingly support reproductive freedom, including abortion, as they made clear when voting to amend our state constitution to include these protections," said Merissa Kovach, ACLU of Michigan political director. "Our aim is to ensure we preserve and expand upon the gains we have made in Michigan. It is imperative that voters are aware of each candidate’s record on reproductive freedom, voting rights, and other civil rights and liberties before casting their votes.” Click here to learn more about the Michigan Supreme Court race.

    Affiliate: Michigan

    Aclu And Aclu Voter Education Fund Invest $2.3 Million In Michigan House And Senate Races, And The Michigan Supreme Court Race. Explore Press Release.

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