9/3/25-Free and Fair Elections

Here we share a piece from Democracy Docket, Sept. 2, 2025

"There is a crucial fault line within the pro-democracy coalition that may determine the fate of free and fair elections. Which side you fall on is answered by a single question: If tomorrow Donald Trump declared that federal forces under his control — including the military — would take over administering the 2026 elections, would you be surprised?

Some insist this is an unhelpful conspiracy theory. Others are preparing for it as a real possibility. I am firmly in the second camp.

This debate is not the same as the now-settled question of whether it is better to fight Trump or find areas of agreement. That argument ended when it became clear to those urging compromise that there is no middle ground between an arsonist and a firefighter.

Yet even within the camp that wants to vigorously oppose Trump, there are voices insisting our elections are safe and that raising alarms about threats to them is counterproductive. I understand their concerns, but I disagree.

Yes, states administer elections. Yes, the president has no legal authority to seize control of them. And yes, the courts would be called upon to intervene.

But anyone who believes that the words of the Constitution alone will stop Trump from trying is fooling themselves. Those who assume the rule of law will automatically prevail have not been paying attention.

The events of 2020 make this clear. After railing against vote-by-mail, Trump lost the election. When scores of judges dismissed his baseless claims, he incited a violent insurrection at the U.S. Capitol.

As his supporters stormed the building and chanted to hang his vice president, Trump refused to deploy the National Guard. People died. Trump expressed no remorse. Instead, he praised, excused and eventually pardoned those who attacked democracy that day.

Now, Trump has begun deploying the National Guard not to protect democracy, but to entrench his power. He is also building a federal law enforcement regime of staggering size. His favored agency — Immigration and Customs Enforcement (ICE) — now commands a budget larger than all state and local police forces across the country combined.

The Department of Justice, once a bulwark in 2020, has also shifted. Its leadership once resisted Trump’s pressure; today, figures such as Attorney General Pam Bondi are among his chief enablers. The DOJ is actively litigating against voting rights, with more attacks expected before 2026. Meanwhile, under Director Kash Patel, the FBI is led by one of Trump’s most loyal allies.

Trump has been open about his intentions. He has repeatedly promised to ban voting by mail, restrict unspecified voting equipment and impose a national voter ID requirement. Most chilling is his claim that he will take control of ballot counting and tabulation.

And then, of course, there is his willingness to deploy the military.

I am not alone in viewing this as part of a broader plan to undermine free and fair elections in 2026. Illinois Gov. J.B. Pritzker recently warned on “Face the Nation”:

“He’d like to stop the elections in 2026 or, frankly, take control of those elections. He’ll just claim that there’s some problem with an election, and then he’s got troops on the ground that can take control, if, in fact, he’s allowed to do this.”

Other Democratic leaders are also raising alarms. Governors like Gavin Newsom are pushing back against gerrymandering, another tool in Trump’s broader strategy to tilt the playing field.

The Democratic Party has filed lawsuits challenging Trump’s executive order attempting to seize power from the states in administering elections. Democratic Leaders Sen. Chuck Schumer and Rep. Hakeem Jeffries are plaintiffs in those cases.

But party leaders alone cannot carry this fight. Civil society, business leaders, and major institutions must step up as well. Too many corporate executives and law firms have remained silent — out of fear, profit or complacency. Their silence is complicity.

The role of the legacy media has been equally troubling.

When Trump threatened a new executive order this weekend to require voter ID and ban mail ballots, The New York Times ran a sub-headline saying that the president does not have explicit constitutional authority over elections — misleadingly suggesting the Constitution might give the president implicit authority over elections. In reality, it grants him none.

The Washington Post ignored the story entirely. A newspaper whose motto is “Democracy Dies in Darkness” failed to cover a presidential statement declaring unconstitutional control over voting.

The defense of democracy cannot be left only to others. Every individual has a responsibility to remain informed and engaged. That means seeking out pro-democracy sources of information and speaking openly about the threats we face.

Democracy depends on people who are willing to tell the truth — even when it is uncomfortable — and to share that truth within their families, communities and workplaces.

It also means acting. Volunteering as poll workers and supporting organizations that protect voting rights are all critical to reinforcing the guardrails of democracy. Above all, voting — and helping others register and vote — remains the strongest barrier to authoritarian attempts to silence the electorate."