As the 2026 midterm elections approach, a series of executive actions, bills in Congress, and litigation in multiple states are shaping an electoral landscape marked by concerns over voting access. This was the focus in a briefing “Wild Cards That Could Disrupt the Midterms,” held by American Community Media (ACoM), which brought together legal experts and civil rights leaders to analyze the risks that could disrupt the democratic process.
The Department of Justice has demanded that almost all states and Washington, D.C., hand over election records, including complete voter lists and, in some cases, access to ballots or voting equipment. More than 20 states have been sued for refusing to comply. According to the panelists, there is a constitutional problem.
“The president is trying to show a power he does not have,” said Justin Levitt, a law professor at Loyola Law School and former White House advisor for Democracy and Electoral Rights, noting that the biggest disruptions come directly from the executive branch.
He explained that, although the Executive has broad powers in other areas, elections are different: the Constitution delegates their administration primarily to the states. “The president has legal and operational limits. He cannot do everything,” he emphasized.
Levitt pointed out that several executive orders aimed at intervening in electoral processes have been blocked by courts. Even in the face of statements about “nationalizing” or canceling elections, he said election officials treat them as “noise,” given that the president lacks authority to do so. Regarding attempts to collect massive voter data, Levitt clarified that the White House is not authorized to analyze such information.
He also warned that these actions could affect public confidence. “I am quite concerned because it is sowing distrust where none existed before,” he said, referring to repeated claims of voter fraud without evidence.
Litigation against executive orders and data demands
On the legal front, Danielle Lang, Vice President of Electoral Rights at Campaign Legal Center, described a coordinated response from civil organizations to what she called “real threats.”
Lang explained that an executive order signed last year to intervene in the administration of federal elections was quickly challenged in court. “The president has no constitutional power to dictate the rules of elections,” she stated, citing judicial decisions that have reaffirmed this principle.
She also referred to the Department of Justice’s demands for voter lists. Courts have concluded that there is no legal basis to require massive data without concrete evidence of civil rights violations: “You cannot order the delivery of all data from all states without justification.”
Regarding legislative proposals such as the SAVE Act and other bills that would require strict documentary proof of citizenship to register, Lang warned that they could strip millions of citizens of the right to vote. “Americans agree on identifying voters. What they do not support is a law that takes away the right to vote from millions of people,” she said, noting that married women or naturalized citizens could face additional difficulties proving their identity.
Impact on Asian American communities
For John C. Yang, president of Asian Americans Advancing Justice | AAJC, the debate is not abstract: it has direct consequences for communities that already face structural barriers.
He noted that the Asian American population grew 38% between 2010 and 2020 and that voter participation has steadily increased. However, nearly 30% have limited English proficiency. “We have to think about the burden imposed on citizens to vote, not just the supposed benefit of new restrictions,” he said.
Yang warned about the effect of misinformation on social media and the persistent perception of Asian Americans as “foreigners,” which, he said, fuels intimidation and exclusion. He also defended vote-by-mail, used by nearly half of Asian American voters in 2024, as a key tool for those who need additional time to understand ballots.
Latinos, documentation, and fear
From MALDEF (Mexican American Legal Defense and Educational Fund), the leading Latino civil rights legal organization in the United States, Andrea Senteno emphasized that Latinos are the largest nonwhite group in the electorate, and that approximately 1.8 million become eligible to vote each year. However, this does not mean there are no gaps in registration and participation.
Senteno warned that proposals like the SAVE America Act could “make it harder for people to register and vote” and also “create confusion, fear, and distrust.” Strict requirements for citizenship documents, such as birth certificates or passports, would disproportionately affect voters of color, who are less likely to possess them or face greater difficulty obtaining them.
She also denounced technical restrictions in some states that limit who can assist voters with disabilities or language barriers, even under threat of criminal penalties. “The impact is the same. They want to deprive people of the right to vote,” she stated.