Election Day is almost here — but even after the first Tuesday after the first Monday in November, the election won’t really be over. The vote count will take days or even weeks in some states. President Donald Trump seems certain to raise objections to results he doesn’t like — he’s already getting started in Alaska — and he has threatened to marshal the forces of the federal government in his efforts.

It’s an anxious moment for American voters: Will we have a free and fair election — or not? Luckily, says Eliza Sweren-Becker, deputy director in the Brennan Center’s Voting Rights and Elections Program, there is still one thing that every American 18 and older can do to make sure their voice is heard: vote.

“I think that is the intent. It’s to create a lack of confidence. It’s to discourage voters from participating,” Sweren-Becker told Vox’s Astead Herndon on America, Actually. “But the only way that that campaign to undermine our confidence and to sow distrust actually works is if voters stay home. The way to defeat that attempt to shake voters’ trust in democracy is just to participate.”

Sweren-Becker spoke with Astead about what states could do to speed up their vote counts and ensure everyone has a chance to cast their ballot, the need to restore the Voting Rights Act, and the long-term impact of Trump’s election denialism.

Below is an excerpt of their conversation, edited for length and clarity. There’s much more in the full show, so listen to America, Actually wherever you get your podcasts or watch it on Vox’s YouTube channel.

Let’s start with Election Day. More than a dozen states count late-arriving ballots. President Donald Trump has used the shifting vote counts as pretense to further his own election interference claims.

How prepared should folks be for a long wait in November for results? And how that could impact confidence in the results?

You’re absolutely right that we may get results out of states or in certain races in the days following Election Day. Voters should not expect to have the final result on Election Day.

And when you hear reporting on the news that somebody’s ahead or somebody’s behind, remember: They haven’t counted all the votes yet.

The critical thing is we need to count every vote, and every person’s vote needs to be counted.

So while it is true that some states allow ballots to arrive after Election Day, they all have to be cast by Election Day. The Supreme Court just this year said that it’s totally appropriate for states to set their own ballot receipt deadlines. We have to be patient, as an American electorate, to get the proper results to count every ballot and make sure all the voices are heard.

But isn’t it kinda wild that we can’t get results on election night? I saw Donald Trump cite the Brazilian presidential election, and while I know he’s doing that from a self-interested place, I did think for a second: Why does it take so long for us to put these results together?

I could totally understand why people would prefer the results faster. And candidly, could states do better at preparing and counting faster? Sure. But they have limited resources. They are working their butts off to prepare for the election with the staff that they have, and then they work tremendously hard to count properly, accurately, as fast as they can.

Could states change their policies to allow them, in some places, to pre-process ballots, to allow them to get to results faster? Sure. I’m not saying states shouldn’t change their policies to create more efficiency here. But given the rules of the road that we have, we need to make sure that every properly cast ballot is counted.

If I’m someone who is concerned about election security and free and fair elections, what should I be looking out for?

So, for example, I have heard that there is some anxiety about mail voting.

If you want to cast a mail ballot, just know that you probably have a bunch of options in your state as to how you can cast it. You can certainly rely on the mail and have USPS deliver that ballot, but of course, we know occasionally mail gets delayed. Your state may have ballot drop boxes. You may have ballot drop-off at election officials’ offices, or even at polling places.

Find out your options.

Yes, definitely find out your options. Voters should also check their voter registration status. Make sure it’s up to date with their current address. Of course, if you’re not registered to vote and you still have time in your state to register, please do register.

Everyone should participate. Our democracy works best the more of us that can participate. If your registration date has not passed, don’t forget to register to vote. Vote with your friends, vote with your community, vote with your family. Voting should be joyful. It’s a civic experience that I think is really fun.

I try to take my kids with me to vote because it’s exciting. They get stickers. Everyone loves stickers.

It’s half the reason I go.

It’s also a reminder. You get your sticker, other people see you, they know it’s Election Day, maybe they go out to vote.

It’s a way to be part of your community and invest in your community and to choose who you want to be a leader of your community.

What about after Election Day?

Earlier this year, Democrats and Republicans in Congress circulated a letter asking members to commit to recognizing state-certified winners and “oppose any attempt to refuse or delay a seating of a member-elect.” We saw House Speaker Mike Johnson delay the swearing-in of an Arizona representative last year,

That seems to me like maybe a preview of what might be to come. How fearful should we be of these post-election attempts to block members from being seated?

I think those scenarios are highly unlikely. I understand why folks are worried about them, but the reality is, states have their own certification processes, which are laid out in state law and that are mandatory for them to follow. It is not discretionary whether states certify their elections. So once there is a new Congress, we have confidence that they will be seated according to how the voters actually cast their ballots.

I want to end by thinking about Trump’s consistent questioning of the integrity of our election system. If he ultimately doesn’t try to actually steal the election, what is the long-term impact of his relentless focus on it and support for policies like the Save America Act?

Just because we have won in many courts against this administration doesn’t delude me into thinking that this administration is just going to stop in this years-long campaign to sow doubt in our election systems.

I think that is the intent. It’s to create a lack of confidence. It’s to discourage voters from participating. And to some degree, I think the administration has succeeded in creating some confusion about the rules or a lack of confidence. But the only way that that campaign to undermine our confidence and to sow distrust actually works is if voters stay home.

The way to defeat that attempt to shake voters’ trust in democracy is to participate in our democracy and to turn out and to make their voices heard regardless of party, regardless of candidate. To say that we will not be made to fear participation in our democracy, but we are going to continue to seize it and take joy in it and show that we deserve a stronger representative democracy that serves all Americans.

What are things that could happen to inspire trust in our electoral system? Are there reforms that you think might make the public feel a reinvigorated sense of confidence?

There are certainly things that Congress could do to create a national floor of voter access and ensure that someone’s right to vote doesn’t depend on what state they live in. That includes basic reforms like same-day registration, online voter registration, universal access to mail voting that doesn’t require strict satisfaction of certain excuse requirements, which still exists in many states.

I think it’s time for Congress to ban partisan gerrymandering. I also think it’s time to restore the Voting Rights Act, and Congress can enact a statutory right to vote that is meaningfully enforceable so that voters can go to court if their voting rights have been burdened, and they can get a real remedy.

That has been really undermined by the Supreme Court, but Congress can and should respond. They have it within their power. The Constitution gives Congress the power to set rules for elections. They should.

President Donald Trump’s Justice Department filed a lawsuit on Thursday seeking to block former Democratic Rep. Mary Peltola’s victory in the 2026 US Senate election. If you’re confused by this development, you should be. Because the election won’t happen for more than a week.

The case arises out of an odd candidacy that might undercut incumbent Republican Sen. Dan S. Sullivan’s reelection bid against Peltola. A man named Dan J. Sullivan also secured a spot on the ballot, and Republicans fear that the not-Senator Sullivan’s presence on the ballot might trick voters who wish to vote for the incumbent into voting for the not-senator instead.

In the abstract, it’s a fair concern. But there are two reasons to doubt that not-Senator Sullivan will attract many voters who actually wanted to vote for the Republican. According to a sample ballot published by Alaska’s Division of Elections, Sen. Sullivan will be identified as a “Registered Republican” and as the “Incumbent,” so voters will be told which Dan Sullivan to vote for if they wish to reelect the one who is actually a senator. 

Additionally, Alaska uses ranked-choice voting, a system where voters rank candidates in order of preference, and votes cast for losing candidates are redistributed to voters’ next choice. So an Alaska voter who wants to reelect the Dan Sullivan who is actually a senator, but who is confused as to which Dan Sullivan is the incumbent, can simply rank both Dans Sullivan as their top two choices, and the ranked choice system should ensure that their vote is counted as a vote for Senator Sullivan (and against Peltola).

The question of whether not-Senator Sullivan may appear on the ballot, moreover, has already been litigated. Initially, the Alaska Division of Elections, which is led by a Republican, attempted to disqualify the not-senator because it concluded that he did not seek election to the Senate in “good faith.” Not-Senator Sullivan sued, and an Alaska court ordered him reinstated as a candidate because “the Division’s decision to exclude Mr. Sullivan from the primary ballot was based on a ‘good-faith’ requirement that does not appear in the U.S. Constitution, the Alaska Statutes, or the implementing regulations adopted by the Division” — that is, there is not actually a law that prevents the not-senator from running, even if he is intentionally running as a spoiler candidate.

This lower court order was affirmed by the Alaska Supreme Court last June. If Republicans thought that this decision violates federal law, they could have asked the Division of Elections — which, again, is run by a Republican — to appeal to the US Supreme Court.

Instead, they appear to have let the issue lie until less than two weeks before Election Day, when Trump’s Justice Department filed a new, federal lawsuit claiming that not-Senator Sullivan’s presence on the ballot is somehow illegal, and asking a federal court to preemptively block a Peltola victory in the upcoming election. Trump says that he personally told the Justice Department to file this suit.

It is difficult to find an actual legal argument, much less a persuasive one, anywhere in the Trump DOJ’s complaint initiating the lawsuit. Trump’s lawsuit also runs afoul of something called the “Purcell principle” — a concept that, ironically, the Supreme Court reaffirmed the same day that the Trump administration filed its suit — which says that federal courts should be reluctant to intervene in election-related disputes when the election itself is about to happen.

It is likely, in other words, that the Trump administration’s attempt to overturn a Democratic victory that hasn’t even happened yet will fail. But the mere existence of this new lawsuit, which is known as United States v. Alaska, is an ominous sign that the Trump administration will use every tool in its shed to overturn Democratic victories in the upcoming election.

So what are the actual legal arguments in the Alaska case?

It is a bit of a stretch to even describe the Justice Department’s complaint in this case as a “legal” document, as the complaint does not so much as point to any law that either not-Senator Sullivan or the state of Alaska may have violated, and instead vaguely alludes to legal sources that use terms like “integrity.”

Specifically, the Justice Department points to a federal law which says that it has four purposes, one of which is to “protect the integrity of the electoral process.” It also points to the Supreme Court’s decision in Bullock v. Carter (1972), which said that “a State has an interest, if not a duty, to protect the integrity of its political processes from frivolous or fraudulent candidacies.”

But the statute that Trump’s lawyers quote, the National Voter Registration Act of 1993, does not concern which candidates’ names should appear on the ballot. As its name suggests, it is a law about voter registration, and it imposes requirements on states, such as requiring them to register voters when those voters obtain a driver’s license.

Similarly, while Bullock does include a single line indicating that states may enact laws targeting “frivolous or fraudulent candidacies,” nothing in the opinion suggests that sharing another candidate’s name makes someone’s candidacy frivolous or fraudulent. The decision itself concerned unusually high fees charged to a candidate for public office in Texas, and the Court concluded that Texas’s fees were unconstitutional. 

The line about “frivolous or fraudulent candidacies,” meanwhile, was included to clarify that states still have some power to regulate ballot access. While Bullock concluded that Texas’s fees were excessive, the opinion also suggests that states may impose more reasonable filing fees on candidates to discourage unserious candidates from seeking office. Alaska, for example, charges a modest filing fee of $100 to US Senate candidates.

The Trump DOJ’s entire argument, in other words, appears to turn on the fact that it identified two legal sources that use the word “integrity” in contexts that bear little resemblance to the Alaska case. 

Nevertheless, Trump’s lawyers claim that the court must prevent Alaska from certifying a Peltola victory “pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan.”

This lawsuit also cannot be squared with one of the Republican Party’s favorite legal doctrines

Even if Trump’s Justice Department had a persuasive argument that leaving not-Senator Sullivan on the ballot is illegal, they should still lose Alaska because they waited too long to file the case.

In Purcell v. Gonzalez (2006), the Supreme Court warned that “court orders affecting elections, especially conflicting orders, can themselves result in voter confusion and consequent incentive to remain away from the polls,” and it added that this “risk will increase” as Election Day draws closer. More recent decisions, many of them joined only by the Court’s Republicans, have read this “Purcell principle” quite expansively to forbid federal courts from issuing election-related decisions in the months leading up to an election. Justice Brett Kavanaugh has even claimed that Purcell prevents federal courts from issuing election-related decisions as soon as nine months before the general election date.

Supreme Court decisions invoking Purcell to shut down lower court orders altering a state’s election rules are now very common in the weeks leading up to an election. On Thursday, for example, the Court relied on the Purcell principle to block a lower court order that would have made it easier for college students to vote in New Hampshire. The Court began its decision with this line: “This Court has repeatedly emphasized that lower federal courts should ordinarily not alter the election rules on the eve of an election.” 

Trump’s DOJ, meanwhile, did not even file its lawsuit seeking to preemptively invalidate a Peltola victory until less than two weeks before Election Day. If Purcell means anything, it must mean that a federal court cannot force Alaska to kick a candidate off the ballot mere days before a federal election.

This story appeared in The Logoff, a daily newsletter that helps you stay informed about the Trump administration without letting political news take over your life. Subscribe here.

Welcome to The Logoff: The Trump administration is getting a head start on litigating the midterms. 

What’s happening? The administration is asking a federal district court in Alaska to potentially block the certification of Alaska’s US Senate race, should incumbent Sen. Dan Sullivan, a Republican, lose to his Democratic challenger, Mary Peltola. 

It’s the first major lawsuit of the 2026 midterms aimed at directly challenging the results, and very likely a sign of things to come after polls close on November 3.

What is the administration arguing? Sullivan is currently in a close race against Peltola, a former US representative who polls suggest may hold a slight lead. But the race is complicated by the presence of a second Dan Sullivan, Daniel J. Sullivan, on the ballot (no relation).

According to the lawsuit, which names Alaska’s state elections director and several state elections entities as defendants, the election could be “tainted by the inclusion on the ballot of Daniel J. Sullivan.” 

The suit asks that “Defendants not certify any election result that may be impacted by voter confusion,” which it defines as a loss by the incumbent Sullivan in the event that the other Sullivan attracts enough votes to alter the outcome of the election. 

What’s the context? The second Dan Sullivan’s appearance on the ballot has already been litigated. After he was initially disqualified from the ballot, the Alaska Supreme Court ruled that he should be included, and he finished third in the state’s August primary (the top four vote-getters appear on Alaska’s general election ballot).

How worried about this should I be? For now, not very. Trump filing lawsuits disputing election results was all but inevitable, even if it’s surprising to see him start this early. 

None of that means he’ll succeed: Trump and his allies filed dozens of election lawsuits in 2020 and were largely laughed out of court. (Plus, this particular lawsuit has been assigned to a judge appointed by President Barack Obama.)

And with that, it’s time to log off…

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Thanks for reading, have a great weekend, and we’ll see you on Monday!