NewsMacroBrennan Center Warns Voter Confusion Is a Major Risk Ahead of 2026 Election

Brennan Center Warns Voter Confusion Is a Major Risk Ahead of 2026 Election

Author: Alternet·

Key Takeaways

  • The SAVE Act, which would have required documentary proof of citizenship for voter registration, did not pass.
  • The Supreme Court is expected to rule soon on whether the Postal Service may implement a rule allowing it to withhold mail ballots.
  • The Brennan Center warns that foreign actors could attempt election interference, although paper ballots and auditable records help protect the integrity of results.
  • The center says courts, state and local officials, and voting-rights groups have blocked efforts to undermine the election and remain prepared to respond.
  • Voters can generally continue using in-person voting, drop boxes, or mail ballots and are urged to make a voting plan.
Brennan Center Warns Voter Confusion Is a Major Risk Ahead of 2026 Election

Benjamin Franklin wrote, “Never trouble trouble until trouble troubles you.” That is not quite the approach at the Brennan Center for Justice, a law and policy institute based at New York University, which says it is focused on preventing threats before they materialize. Franklin also advised that “an ounce of prevention is worth a pound of cure.”

As November approaches, the center identifies voter confusion as perhaps the greatest immediate risk. Voters are understandably asking whether they can still vote by mail and whether they will need to present a passport or birth certificate to register — questions raised by the proof-of-citizenship registration proposals that have circulated at the federal level. The freedom to vote has faced many proposed challenges in recent years, but never before from the federal government, according to the center.

With executive orders and court rulings changing rapidly, voters cannot be expected to follow every development in detail. In practice, however, little has changed for most voters. Congress and the courts blocked the proposals described as threats to voting access, and the SAVE Act — a bill that would have required documentary proof of citizenship to register — never passed. As a general matter, citizens can cast their ballots as they have before.

Voters can therefore make a plan, vote early if possible, and cast ballots in person, use a drop box, or vote by mail if necessary.

With less than two months remaining, President Donald Trump’s effort to undermine the election is failing, the Brennan Center says. Judges, states, counties, and voting-rights groups have blocked his moves. If those efforts continue, the center says, the United States can still hold free and fair elections in 2026.

The Supreme Court remains a significant concern. It is considering whether to reverse a trial court ruling that blocked a proposed rule allowing the US Postal Service to withhold mail ballots. The trial court found the rule illegal and unconstitutional.

If the Supreme Court allows the USPS to implement the rule, it could create chaos and disenfranchise many voters shortly before the election, according to the center. A USPS whistleblower made a similar argument in a friend-of-the-court brief, detailing what the whistleblower described as the agency’s rushed and flawed process for implementing the rule. The court is expected to rule within days on the administration’s request to permit the USPS rule. The relevant filing is available here.

The center also warns of a growing risk of foreign interference. The United States is at war, which the center characterizes as illegal and unauthorized. In 1980, the term “October surprise” referred to the possibility that Iran would release Americans it held hostage in an effort to influence that year’s election. The center says it hopes Iranian hackers will not create a digital “October surprise” this year.

Iran has demonstrated an ability to penetrate municipal water systems in Minnesota. In previous elections, Russia and China attempted to influence voters or attack voter-registration lists. The center says Trump’s purge of election-security offices has left US elections with less federal protection against hostile foreign hackers than before.

Election administration in the United States rests with state and local officials rather than a central authority, and states have been working to prepare for such threats. The center also stresses that even the most sophisticated attacker cannot change election results through a cyberattack alone. Voting machines are not connected to the internet, and voters cast paper ballots or receive a paper record that can be audited and recounted.

Some other concerns have eased, according to the center. One is the possibility of “ICE at the polls.” The center says such a deployment could still occur, but that using federal forces in this way would violate numerous federal and state laws. The chairman of the Joint Chiefs of Staff recently pledged not to use federal troops and said, “Election administration and security remain the fundamental responsibility of state and local officials.”

The Brennan Center says it has increasing confidence that courts would intervene quickly if necessary and is prepared to sue. “The briefs are written, and the toner is in the printer,” it says.

Justice Department observers have also been deployed to some states. The center describes their presence as annoying and often disorganized, but says the observers remain subject to laws prohibiting voter intimidation. State officials are prepared to respond if the observers become disruptive.

The center is also increasingly confident that courts would intervene if election winners faced obstacles to certification. It says judges have acted as “heroes” by upholding the rule of law. The phrase “rule of law” is also addressed in this resource.

Courts, however, cannot do everything. The center says citizens must mobilize to monitor polling places, assist voters, and report abuse. That effort, it says, is another source of hope.

The next two months are likely to be busy. Trump and his supporters may issue new allegations every few days, the center says, and the resulting noise could further confuse voters. It suggests that confusion may be part of the objective.

For those who want voters to participate in the 2026 election, the center says the priority is to remain calm and make clear that, at least for now, little has changed. News organizations and public officials should communicate clearly and calmly, while voting-rights advocates should moderate their own tone so they do not undermine public confidence.

Voters can still make their voices heard. They should make a plan to vote, vote early if possible, and cast their ballots in person, through a drop box, or by mail when necessary. The center says the effort to undermine the election is failing and will succeed only if citizens stay home.

Source: Alternet