David Walbert, a veteran voting rights attorney, warns that Donald Trump is setting the stage for a grim November by applying his 2020 playbook of false fraud claims and voter suppression. Walbert, who has litigated landmark election cases, argues that recent actions by Trump and Republican-controlled states threaten to undermine democratic processes.
Historical Context of Voting Rights
Walbert recalls his first Supreme Court case in 1982, representing Black voters in Burke County, Georgia, where no Black person had ever been elected despite a 40% Black population. Structural barriers like at-large elections suppressed minority representation, a problem that persisted despite federal bans on older discriminatory practices like literacy tests and poll taxes.
After the Supreme Court ruled that election discrimination was legal unless plaintiffs proved intentional discrimination, Walbert helped amend the Voting Rights Act to prohibit practices that resulted in discrimination. One vocal opponent was a young Reagan Justice Department lawyer, John Roberts, who now, as Chief Justice, has led the Court in erasing voting protections.
Modern Voter Suppression Tactics
As protections disappeared, southern states passed laws making voting harder, justified by unsubstantiated claims of fraud. These include voter ID requirements, shortened early voting, limits on ballot delivery, mass purges, and precinct closures. Northern Republican-controlled states followed suit, reducing minority voter turnout relative to whites.
For the 2026 midterms, Trump's campaign to force extreme gerrymandering and federal agency actions are rigging elections. Trump wants documentary proof of citizenship for voting, despite studies showing non-citizen voting is negligible. The real aim is to suppress Democratic votes, with some Republican losses accepted as collateral damage.
Mail-In Voting and Voter Purges
Trump votes by mail but seeks to limit mail-in voting, as more Democrats use it. The conservative Supreme Court may soon rule that mail-in ballots delivered by Election Day to the post office cannot be counted unless delivered to election boards by that day. The Justice Department is also advocating voter purges that disproportionately remove qualified minority voters.
Intimidation and Legal Harassment
The FBI and Department of Homeland Security have issued search warrants to voting activists and Democratic-leaning county officials. In Ohio, 100 agents raided a voter registration organization, which former Senator Sherrod Brown called intimidation. Texas Attorney General Ken Paxton has sued Latino organizations under draconian laws, frightening Democratic voters.
The Looming Threat for November
Trump's false fraud claims are setting the stage for a repeat of 2020. If close House or Senate elections are disputed, the Constitution makes Congress the judge. Trump's allies may create uncertainty by interfering in selected counties. In 2020, Trump tried to get the Justice Department to seize election machinery, but officials refused. Now, loyalists like Kash Patel at the FBI might seize ballots in Fulton County, Georgia, based on debunked conspiracy theories.
Seizing ballots from heavily Democratic precincts could prevent declaring a winner, leading Congress to decide the outcome. This dystopian scenario, once unthinkable, is now plausible given recent events.
David F. Walbert is author of Stealing Elections, American Style.
