Can Trump steal the midterms?

October 24, 2026

AI Summary

5 min read

In the lead-up to the 2018 midterms, the Trump administration had spent years attacking the integrity of the voting system—claiming mail-in ballots were fraudulent, threatening state election officials, and pushing for restrictive voter ID laws. Voters were understandably freaked out. But when Eliza Sweren-Becker, deputy director of the voting rights program at the Brennan Center for Justice, sat down with America Actually, she offered a surprising assessment: the risk to free and fair elections in November was "relatively low." The administration's campaign to meddle in elections, she argued, was being defeated in court, state by state.

The administration's losing streak

Sweren-Becker laid out a remarkable winning streak for voting rights advocates. President Trump issued two executive orders attempting to change how states run elections—one requiring something like a passport to register to vote, another meddling with mail-in ballot rules. Courts halted both, ruling them unlawful because the president does not have the authority to administer elections or set their rules. Similarly, the Department of Justice, acting on Trump's directive, asked dozens of states for their unredacted voter files. When states refused, DOJ sued 30 states and Washington, D.C. So far, it has lost 26 of those cases. "All 26 courts have decided that the Department of Justice is not entitled to

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What you'll learn

1 (00:00) **Introduction: The Threat to the Midterms** - The episode frames the core question: Has President Trump’s sustained attack on voting integrity actually worked, and how secure is the system heading into the midterms?
2 (03:37) **Expert Assessment: Low Risk to Free and Fair Elections** - Sweren-Becker gives her overall take: the risk of a stolen or fundamentally unfair election is relatively low for November.
3 (04:29) **The Legal Winning Streak Against the White House** - The guest details the major legal victories that have blocked Trump’s executive orders and DOJ demands.
4 (05:56) **Threats Have Been “Contained”** - The host asks if the most feared threats are now over, and the guest confirms they have been successfully contained.
5 (06:56) **Threats and Intimidation of Election Officials** - The host asks about DHS and DOJ threats of criminal prosecution against state officials, and whether those threats had a material effect.
6 (08:11) **Debunking the Non-Citizen Voting Myth** - The host asks about DHS Secretary Nielsen’s claim of 250,000+ non-citizens registered; the guest explains why that data is inaccurate.
7 (09:19) **The New Jersey DMV Error: A Case Study** - The host brings up the New Jersey case where 6,500 non-citizens were added to rolls, with 400 voting, to ask if Trump has a point.

+ Full timestamped outline available in the app

Show Notes

Between the Trump administration’s executive orders, lawsuits, and relentless rhetoric, it feels like voting systems in America are under constant threat. Is it working?

Editor’s note: Earlier in this episode, Sweren-Becker said that 26 courts had decided that the DoJ is not entitled to voter records. Oklahoma settled its suit, and the state agreed to provide its voter data.

This show was edited by Kasia Broussalian, fact checked by Esther Gim, mixed by Shannon Mahoney, video edited by Christopher Snyder, and hosted by Astead Herndon.

Photo caption: President Donald Trump arrives for a campaign rally Wasilla, Alaska. (Photo by Alex Wong/Getty Images)

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