Rick Hasen on the Threats Facing the 2026 Midterm Elections
JUDJ-Prepared Summary from July 29, 2026 | Democracy on the Ballot: Voting Rights, the Supreme Court and the Future of America Elections. The views and opinions expressed in this blog are those of the speaker.
In a recent America at a Crossroads discussion, Rick Hasen, a UCLA law professor and director of the Safeguarding Democracy Project, examined emerging threats to the 2026 midterm elections and the institutions responsible for protecting them. Drawing on his expertise in election law, Hasen discussed proposed changes to voting requirements, potential federal interference in election administration and the safeguards that could help preserve legitimate election outcomes.
New Barriers to the Ballot
American elections are administered through thousands of state and local jurisdictions, each operating under its own laws and procedures. Hasen explained that this decentralized structure can provide resilience, but it also creates opportunities for confusion when the federal government attempts to impose sweeping changes.
One example is the proposed SAVE America Act, which would require voters to provide documentary proof of citizenship. While passports and birth certificates may appear to be straightforward requirements, many eligible voters do not have easy access to these documents. Others, particularly married women and people who have changed their names, may have records that do not match.
Hasen emphasized that these requirements could prevent eligible Americans from voting while addressing a problem—noncitizen voting—that evidence shows is exceedingly rare. However, he noted that the proposal would likely face significant resistance in the Senate.
The Danger of Last-Minute Changes
Hasen also discussed proposed federal actions involving the Department of Homeland Security, the U.S. Postal Service and voter information. Several states and political organizations have challenged these efforts in court.
The timing of such actions is especially concerning. Election officials must order materials, train workers and establish procedures months before Election Day. Late changes can disrupt these preparations, confuse voters and increase the risk that eligible ballots will not be counted.
What Could Happen After Election Day
Although voter intimidation at polling places remains a concern, Hasen believes some of the greatest risks may emerge after voting ends. Potential threats include attempts to seize ballots, pressure election officials, disrupt certification or prevent duly elected members of Congress from taking office.
These dangers could become particularly acute if control of Congress depends on a small number of closely contested races. In that environment, even localized interference could have national consequences.
Democracy’s Three Lines of Defense
Despite these concerns, Hasen remains guardedly optimistic. He identified three principal defenses: the courts, which can block unlawful actions; the states, whose authority limits direct presidential control over elections; and the American people, who can demand accountability and peacefully defend lawful results.
Citizens can strengthen these protections by serving as poll workers, volunteering with election-protection efforts and supporting local election administrators. Hasen’s message is clear: America’s election system is resilient, but preserving it requires institutions and citizens to remain informed, engaged and prepared to act.
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.