Election law experts and officials are preparing for potentially delayed results in the 2026 midterm elections due to close races and ongoing litigation. David Becker, executive director of the Center for Election Innovation and Research, stated on November 1, 2026, that the duration of vote counting will depend primarily on the margin between candidates, noting that officials will work through the night to process ballots. As of early November, over 53 million ballots have already been cast nationwide.
The Department of Justice (DOJ) has filed several last-minute lawsuits regarding voter lists and ballot procedures, involving states such as Alaska, California, and Washington. In Alaska, the DOJ sought to stop the certification of a potential Democratic win, citing ballot confusion related to the state's ranked-choice voting system. Alaska's Republican-led government has urged a federal judge to dismiss the lawsuit, calling it meritless, while the Alaska Supreme Court has already ruled that two candidates named Dan Sullivan may appear on the ballot.
Election officials in Texas reported that 7.7 million ballots have been cast as of November 1, approaching the state's midterm record of 8.375 million. Becker noted that while legal challenges alleging non-citizens on voter lists are occurring, many are being rejected by courts. He emphasized that the presence of bipartisan observers during the counting process is a standard procedure intended to ensure transparency as mail ballots are opened and tabulated.
For the average voter, these developments mean that a final winner in close races may not be apparent on election night. If court orders are issued, residents in states facing DOJ litigation might notice changes in how their ballots are certified or partitioned. These legal precedents regarding federal oversight of state voter rolls and ballot designs will influence how elections are managed by the Alaska Division of Elections and similar agencies. The use of monitors appointed by the Democratic and Republican parties remains a mechanism for candidates to verify the count.
The next steps depend on federal court rulings regarding the DOJ's lawsuits in Alaska and other states. In Alaska, officials are preparing to bring in ballots from remote areas, a process that may take several days if margins remain narrow. Nationally, total turnout is expected to exceed the 118 million ballots cast in the previous record midterm election. President Donald Trump, currently in his second term, stated he would "love" to run again in 2028 but acknowledged that the language of the Constitution's 22nd Amendment prevents him from doing so.