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Welcome to Fair Elections Alert, your rundown of key attacks against voting rights and independent elections across the country over the past week. It’s a way to keep up with what the opponents of democracy are focused on. We’ll highlight critical updates you need to be aware of, with a spotlight on the South, the original frontline in the fight for voting rights.
QUOTE OF THE WEEK
“It’s the constant ‘flood the zone’ of harassment and intimidation and threats of legal action hoping we’d fold at some point.” – Secretary of State of Nevada Francisco Aguilar regarding DOJ efforts to obtain [ [link removed] ] state voter data.
NOTABLE TRENDS
Trump Administration Renews Push to Restrict Mail Voting Before Midterm [ [link removed] ]: On Sunday, the Trump administration filed its third appeal to SCOTUS to allow new mail voting restrictions ahead of the November midterms, after a federal judge extended a block on USPS enforcing Trump’s executive order. SCOTUS previously allowed the plan to move forward on procedural grounds but has not ruled on its legality.
USPS Audit Finds Significant Ballot Handling Failures at Primary Election Facilities [ [link removed] ]: A new audit from the USPS Office of Inspector General found significant failures in how some postal facilities handled mail ballots during this year’s primary elections, including inadequate staff training, improper postmarking procedures, and tracking errors that risked ballots arriving late or with incorrect postmarks. Among those findings: 30% of delivery units had no election-related training materials posted, 12% of facility managers didn’t know the proper way to postmark a ballot, and hand-stamped ballots at five of nine processing facilities sometimes received inaccurate dates. While nearly 99% of ballots reached election officials on time, the audit warned failures increased the risk that election mail was not handled in accordance with postal policy.
DOJ Pressures Prosecutors to Pursue Noncitizen Voting Charges Despite Evidentiary Challenges [ [link removed] ]: DOJ leadership is pressing prosecutors nationwide to pursue noncitizen voting charges before the midterms, relying on rarely used statues that some officials acknowledge present serious evidentiary challenges, particularly when thousands of lawfully residing foreign nationals have been accidentally registered to vote through DMV programs. The department’s election integrity training for line prosecutors was held on September 2nd, just two months before the election and the first instruction on this election crime statute since 2024.
DOJ Sends Threatening Letters to 30 State Election Officials Despite Losing Every Voter Data Case [ [link removed] ]: The DOJ sent threatening letters to at least 30 top state election officials warning them they are “under investigation” and must preserve all 2024 election records, even as the department has lost 23 of the 30 lawsuits. It has filed against states for voter data and has won none. The letters do not cite any criminal statues and offer no clarity on whether the investigation is criminal or civil in nature. David Becker, a former voting rights lawyer for the Justice Department, says the letters are legally meaningless and suggest the only reason to send them is a hope that the state will retain more records than legally required.
Trump Asks SCOTUS to Revise SAVE Program for Voter Roll Purges [ [link removed] ]: On Tuesday, Trump asked Scotus to reinstate the SAVE program for use in voter roll audits after a lower court found the administration violated privacy law in expanding it for voter purges. The administrations argued the federal government bears no responsibility for wrongful removals, placing the onus on state election officials.
Prediction Markets Set to Play Unprecedented Role In Midterm Elections Despite Legal Uncertainty [ [link removed] ]: Courts are crammed with litigation over whether states can regulate or ban prediction markets under gambling laws, but rulings are unlikely before November. Concerns center on whether pervasive financial incentives tied to election outcomes will further damage public confidence in democracy, particularly after prediction market odds were already cited as evidence of alleged fraud in Los Angeles’ mayoral primary earlier this year.
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STATE ACTIVITY
Nevada • Election Officials Subpoenaed Over Voter Records [ [link removed] ]: Nevada’s Secretary of State’s office revealed it has received seven voter-related DOJ subpoenas from the FBI over the last three months, with Aguilar warning the administration is “...inundating election offices with investigations and questions ahead of the election, and making sweeping claims of election fraud to the public before any investigation is done.”
North Carolina • New Absentee Ballot Restrictions as Ballots Begin Going Out [ [link removed] ]: The North Carolina State Board of Elections approved (3R-2D) new guidance Friday changing how absentee ballots will be handled – coinciding with the first day absentee ballots were being sent to voters. The changes allow ballots with improperly sealed envelopes to be rejected and restrict who may return an absentee ballot on behalf of a voter. Critics say the board bypassed the required legislative review process by issuing the changes through informal numbered memos rather than formal rules.
ANTI-VOTING GROUP ACTIVITY
Anti-Voting Groups Celebrate Changes to Overseas Voter Application [ [link removed] ]: A Massachusetts-based election denier group highlighted an emergency revision to the UOCAVA overseas voter application that removed a checkbox allowing applicants to indicate they have never lived in the U.S. – framing the change as a security measure against overseas voter fraud. The revision is part of the broader national push to restrict voting by so-called “never-resident” overseas voters.
Paid for by Fair Fight Action.

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