Experts Raise Concerns Over Post-Election Counting Period Ahead of 2026 Midterms

Election officials and former federal advisers have highlighted the period immediately following the November 2026 midterm elections as a point of focus for potential disputes over results. With control of Congress at stake and some states requiring days or weeks to finalize counts, the interval between the close of polls and certification has drawn attention from multiple perspectives.

Caitlin Durkovich, a former deputy homeland security adviser, told a briefing organized by the Brennan Center for Justice that the administration might invoke claims of foreign interference to justify actions on ballots or equipment after voting ends. The Brennan Center for Justice receives funding from progressive donors including the Open Society Foundations and has advocated against voter identification requirements and citizenship verification measures in prior policy work. Durkovich stated that prior court losses on ballot restrictions could lead to alternative approaches during the counting phase.

Larry Norden, vice president of the elections and government program at the Brennan Center, described the waiting period as a moment when questions about process integrity could emerge. He noted that states continue to offer expanded voting options, including early in-person and mail ballots, compared with earlier election cycles. Norden encouraged voters to participate early to reduce uncertainty about whether ballots would be counted.

Ben Hovland, former chair of the Election Assistance Commission, pointed out that live ballots are already distributed in every state. He said this status should factor into any ongoing court considerations. A Supreme Court ruling earlier this month upheld an injunction preventing the administration from directing the Postal Service and Department of Homeland Security to review mail ballot procedures in certain ways.

The Department of Justice and FBI have historically observed a period of reduced public activity before elections. This year, the Department of Homeland Security has continued requests for voter roll data from states that did not provide it voluntarily. The department has also directed states to preserve 2024 election records for potential later review and has advanced an internal initiative aimed at identifying non-citizen registrations on state rolls. An anonymous whistleblower informed Congress last week that the initiative relies on data whose reliability has been questioned and may exceed statutory authority.

Administration statements have asserted the presence of improperly registered voters and the risk of foreign interference in the 2026 midterms. Officials have distinguished between foreign influence operations, such as the spread of information, and direct interference with vote tabulation or equipment. Beth Sanner, former deputy director of national intelligence, stated that no verified instances of foreign actors altering vote counts occurred in 2020 or subsequent cycles.

Geoff Hale, former chief of joint cyber defense collaborative partnerships at the Cybersecurity and Infrastructure Security Agency, reported that states now conduct routine audits of election results and have increased attention to cybersecurity practices. At the same time, he noted reductions in federal staffing and funding for election security assistance at CISA, including fewer threat briefings and less technical support provided to state officials.

State election administrators have begun public communications about the timeline for completing counts, particularly in jurisdictions where results may take additional days. Some states have reported isolated instances of non-citizen registrations in prior years through routine maintenance of voter rolls, though the scale and impact remain subjects of ongoing disagreement between federal and state authorities.

The administration’s stated rationale for the voter roll requests and the unlawful voter initiative centers on compliance with federal law regarding citizenship requirements for voting. Critics, including the NAACP and National Urban League, have expressed concern that these efforts could affect eligible voters. Groups on both sides continue to monitor state-level responses to federal data requests.

Early voting has already begun in multiple states, providing voters with options that reduce reliance on Election Day processes. Officials across parties have emphasized that ballots cast under current state rules remain subject to the same verification standards applied in previous cycles.