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US Midterm Election Litigation Rises as DOJ Challenges California and Alaska Votes

Legal battles over voter eligibility and ballot delivery race ahead of Nov. 3 midterms.

By WorldVoice 360Source: english.news.cn2 min read

Washington, Nov. 2, 2026 – With the Nov. 3 midterm elections looming, a series of lawsuits have begun to unfold across the United States, signalling a surge in legal contestation over voter eligibility and ballot delivery. Federal officials are suing election officials in California over ballots cast by nearly 20,000 residents who may be noncitizens, while simultaneously seeking to prevent certification of Alaska’s Senate race because two candidates share very similar names. At the same time, the Supreme Court has held off on allowing new Postal Service rules that would tighten mail‑ballot delivery, keeping the rules off the ballot for Election Day.

The California case centers on a list of voters that the Justice Department says contains noncitizen identities. The department sued the state after election officials refused to check the citizenship status and set aside the ballots until the claims were verified. The Department’s attorney general, Todd Blanche, called the alleged violations “state‑facilitated voter fraud.” In a separate letter to federal judges, Homeland Security Secretary Markwayne Mullin said a single noncitizen vote could dilute the votes of eligible citizens. Governor Gavin Newsom has condemned the lawsuit, describing the Justice Department’s actions as a “well‑documented weaponization” that threatens election integrity. However, a federal judge in California rejected the DOJ’s request to set aside the contested ballots, warning that the move could “wreak havoc” on an election already underway. The Ninth Circuit Court of Appeals also denied the administration’s emergency requests in related proceedings, citing a risk of disenfranchising eligible voters that would undermine the democratic process.

In Alaska, the federal government has sought to block certification of the Senate race, arguing that two candidates with similar names could confuse voters. The lawsuit is part of a broader effort to protect voters from potential election fraud or misrepresentation. While the case is still evolving, federal judges have already rejected some of the DOJ’s emergency requests in the state, again citing potential harm to legitimate voters.

Meanwhile, the Supreme Court’s decision on Sept. 14 upheld a lower court injunction that prevented the Postal Service from implementing new stricter rules for mail‑ballot delivery. The new rules would have imposed additional requirements for the delivery of ballots ahead of Election Day, but the Court held that they could not take effect until after the elections. By keeping the rules from becoming operational, the Court has ensured that existing delivery practices remain in place, although the dispute underscores the difficulty of balancing voter access with concerns about ballot tampering.

These concurrent lawsuits and legal decisions illustrate how the Justice Department is pressing its case against alleged noncitizen voting and election procedural changes, while courts are weighing the potential impact on eligible citizens’ rights. The Supreme Court’s stay on the Postal Service rules is a reminder that federal courts remain a crucial check on executive efforts to alter election logistics. As the midterm elections approach, both sides of the legal debate remain poised to take further action, underscoring a period of heightened partisanship and scrutiny over the integrity of the American electoral process.

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