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Politics · National

Courts intervene on noncitizen voting rules ahead of midterms

Federal judges blocked administration efforts to segregate ballots in California and Alaska, adding legal complexity to a day when voters decide control of Congress.

By Rebecca Kaminski ·

Illustration for: Courts intervene on noncitizen voting rules ahead of midterms
Voters wait outside a polling place on Election Day as federal courts issue rulings on voting procedures.

Federal courts intervened on Election Day to pause two major efforts by the Trump administration to enforce new voting rules regarding noncitizens. A federal judge issued a temporary bar on Monday against the administration's plan to prevent noncitizen voting, a move that critics argued could disenfranchise eligible voters. The decision highlights the growing role of the judiciary in shaping the mechanics of the midterm election as polls open across the country.

In a related legal development, a judge ordered the administration to stop demanding that California election officials segregate ballots cast by individuals on lists of suspected noncitizens. This order came after the administration filed lawsuits in both Alaska and California, challenging state-level certification and ballot handling procedures. The legal actions have raised concerns among Democratic officials about potential interference and intimidation of local election administrators.

The Department of Justice has threatened to prosecute local election officials, a stance that has intensified fears of legal disruption on voting day. Trump has continued to make claims about voting fraud, asserting that noncitizens vote in large numbers. These assertions have fueled the administration's legal strategy, which aims to scrutinize the voter rolls more rigorously than in previous cycles.

The U.S. Postal Service has also taken specific measures to ensure the timely counting of mail ballots. The agency added extra hours, staff, and special processing lines to handle the high volume of incoming mail. These logistical steps are critical in states where mail-in voting is a primary method of participation, such as California, Colorado, Hawaii, Oregon, Utah, Vermont, and Washington.

Voters are casting ballots to determine which party controls Congress for the final two years of President Donald Trump's second term. All 435 seats in the U.S. House are up for election, with Republicans holding 218 seats and Democrats 214. Democrats need a net gain of three districts to secure a majority, while Republicans can afford to lose no more than two seats. The outcome will also shape the balance of power in the Senate, where 35 seats are contested.

In the Senate, Democrats must win a net gain of four seats to take control, a significant hurdle given the current distribution of seats. Republicans hold 53 seats, while Democrats hold 45, with two independents caucusing with the Democratic party. The special elections in Florida and Ohio are particularly closely watched, as they will determine the balance for the remainder of terms previously held by Marco Rubio and JD Vance.

The election is also deciding the control of 36 governorships. Republicans currently hold 26 of these offices, while Democrats hold 24. Democrats hope to capture a net gain of two governorships to achieve a nationwide majority, a position they have not held since 2010. The races in states such as Georgia, Nevada, and Ohio are seen as pivotal, with both parties deploying significant resources to these battlegrounds.

The Associated Press describes the election as a referendum on the president's performance, with voters expressing concerns over high prices and an unpopular war with Iran. Polling data indicates that 35 percent of U.S. adults approve of Trump's job performance, while about seven in 10 say the country is heading in the wrong direction. These sentiments are driving voter turnout, with more than 57 million people having already cast ballots before Election Day.

Republican committees have outspent Democratic committees in the general election cycle, aided by Trump-affiliated groups and Elon Musk. However, Democratic candidates outraised their opponents at the individual level. The spending patterns reflect the strategic focus of both parties, with Republican ads concentrated in districts that Trump won in 2024. Democrats are relying on grassroots efforts and a message of change to mobilize their base.

The legal and logistical challenges of the day are being managed against a backdrop of high stakes for both parties. If Democrats win control of either chamber, investigations and potential impeachment proceedings are likely to follow. House Democratic Leader Hakeem Jeffries has outlined a 100-day agenda focused on the cost of living and oversight if his party takes the majority. The results of this election will set the tone for the final stretch of the current administration and the 2028 presidential race.

As polls close in states across the nation, election officials are preparing to count ballots and certify results. The interplay between court orders, postal logistics, and voter turnout will determine the final outcome of this crucial midterm contest. The legal battles over noncitizen voting and ballot segregation have added a layer of complexity to a day that is already defined by high economic anxiety and political polarization.

Source: Associated Press, Reuters, Ballotpedia

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