WASHINGTON — Mass voter challenges are likely to occur in the 2026 midterm elections, the Brennan Center for Justice warned Tuesday, with the potential to “undermine the democratic process.”

President Donald Trump and the Republican Party have been laying the groundwork for questioning the election process in state after state, as Trump has made “election integrity” the centerpiece of his recent domestic policy initiatives, including in a July 16 address to the nation. 

The center, at NYU School of Law, found in a report Tuesday that more than 185,000 challenges to voter eligibility were filed by private citizens in 2024, though “the real number is likely higher” since many election officials either were not contacted or sent incomplete responses to an inquiry. The center is regarded as left-leaning.

Mass challenges are a fairly recent development, spurred by improvements in election technology and transparency. Thousands of votes now can be challenged at once.

They’ve rarely been successful, but experts worry they create voter doubts about whether elections are being conducted fairly. Historically such challenges have also often been used to suppress the votes of people of color, a separate brief said.

“Eligible voters facing challenges sometimes don’t vote simply because the process is too confusing. Responding to a challenge requires numerous steps that can trip up voters. They may not understand their options for verifying their identity,” said the report by Brennan Center Counsel Andrew Garber.

Garber found that “mass voter challenges have become a key element in the campaign to use election integrity as a pretext for voter suppression.”

In 2024, he found, election deniers lodged challenges, “in addition to spreading lies about widespread voter fraud, refusing to certify elections, discrediting voting machines, engaging in bad faith poll watching, filing frivolous lawsuits, and threatening election officials with physical harm or criminal penalties.” 

This year, Garber warned, such challenges are likely to be an “integral strategy in the playbook to undermine the democratic process.”

Mass challenges, he said, “add basically zero value to elections while creating new costs.”

One big worry, though: “There are instances of eligible voters being removed from the rolls and learning of their removal after the deadline to register and vote in the next election,” the report said. “As is often the case with voter suppression, vulnerable individuals frequently suffer the effects.”

Mullin threats

The Trump administration is pushing state officials to examine their voter rolls and tighten their election security, thus opening the door for the help of the federal government in conducting mass challenges, the report predicted.

Homeland Security Secretary Markwayne Mullin said last week that hundreds of thousands of noncitizens are registered to vote in California, New Jersey, Nevada and Pennsylvania and threatened to prosecute election officials in states that don’t “participate in securing the elections” ahead of the November midterms. He has not specified the source of his data.

Trump has demanded Congress require people to show proof of citizenship when they register to vote and photo IDs at the polls. So far, lawmakers have so far been reluctant to approve the SAVE America Act that in various versions would restrict voting, and it remains stalled in the U.S. Senate. 

Trump and his allies have maintained for years the 2020 election was marred by voter fraud. No evidence of any widespread fraud has been found.

Election officials have largely maintained their rolls are accurate and up to date.

“In most states, list maintenance practices tend to keep pace with natural changes in voters’ lives, such as moving,” said a report this month by the nonpartisan Center for Election Innovation & Research.

Mass challenges

Recent mass challenges have rarely been successful.

The report cited efforts in Georgia, Michigan, Texas, Florida and Iowa in 2022.

“These challenges were widely rejected for lack of evidence or failure to comply with state law,” the Brennan Center found.

In 2024, Brennan’s research found that private citizens filed at least 185,232 voter challenges in the states studied. Of those, the center found officials accepted at least 5,477. That means they may have removed the voter from the rolls, declared them inactive or taken other steps to make it difficult for them to vote.

Researchers sent requests to Arizona, Florida, Georgia, Michigan, Nevada, North Carolina, Ohio, Pennsylvania, and Texas and to numerous counties in those states, the report methodology said.

“One takeaway is evident: With only around 3 percent of challenges clearly accepted, challenges contributed little to list maintenance in 2024,” Brennan found.

For instance, Georgia got in touch with about 875,000 voters in 2023 who had moved or had not voted for several years. That was more than a hundred times the number of Georgia voters who were successfully challenged the next year.

The center compiled the report by sending public records requests to 42 state and local government entities. It asked for any documents involving voter challenges in 2024 and how officials dealt with those challenges. It also looked at court filings, public reporting and election board meetings.

“Acquiring a complete record of challenges is impossible: They are often made ad hoc, officials may have no obligation to track them, and the records produced are often incomplete,” the center noted, adding that some officials refused to provide records or said they got no challenges.

In a 5-2 decision, the Wisconsin Supreme Court ruled Tuesday that an activist group does not have the right to obtain the documents that notify election officials when someone is declared incompetent to vote by a circuit court judge. 

The group, Wisconsin Voter Alliance, has been extremely active in the state’s election denial circles since the 2020 presidential election. The organization is run by Ron Heuer, a prominent and vocal 2020 election conspiracy theorist, and Erick Kaardal, an attorney who was heavily involved in former Supreme Court Justice Michael Gableman’s widely discredited review of the 2020 presidential election. 

Kaardal’s involvement in the Gableman review included conducting videotaped interviews with residents of nursing homes alleged to have voted despite being old that were criticized at the time as exploitative and misleading about the law. 

Following that thread from the Gableman investigation, in 2022 the alliance filed open records requests in a number of counties seeking the notice of voting eligibility forms that circuit courts send to local and state election officials when a judge declares a person incompetent and ineligible to vote. The group then sued to force the release of those documents. 

The statute guiding declarations of incompetency and the process through which a person declared incompetent can lose their voting rights includes a provision that states court records “pertinent to the finding of incompetency” are closed. 

In the majority opinion written by Justice Janet Protasiewicz and joined by the other three liberal justices plus conservative Justice Brian Hagedorn, the Court ruled that the NVE form is created as part of a guardianship case, therefore it’s pertinent to the finding of incompetency and shielded from public disclosure. 

Protasiewicz wrote that the Legislature crafted the guardianship law specifically to prevent information about people who have been declared incompetent from being made public — so it doesn’t make sense to interpret that law in a way that exposes those people’s status and private information. Additionally, the law specifically requires that someone must prove they have a legitimate “need” to find out if a person has been declared incompetent.

“The legislature created a procedure with ‘closed’ hearings and ‘closed’ records,” she wrote. “That provision would ring hollow if the fruits of those proceedings, like NVE forms, were available through public records requests. Even more revealing, a person who demonstrates ‘a need’ may access ‘[t]he fact that an individual has been found incompetent.’ Thus, the Legislature contemplated that even the fact that a person was found incompetent should be protected. We will not interpret the preceding sentence of [the statute] to allow any public records requester access to a form that gives away that very fact.” 

In a dissent, Justice Annette Ziegler, joined by Justice Rebecca Bradley, argued that because a judge determines if someone under guardianship must lose their vote separately from the initial declaration of incompetency and because the information gets communicated to election officials, the NVE is not “pertinent” to the incompetency finding and the public must be given access. 

“Even when an individual is found to be incompetent, a court may or may not be called upon to determine if the ward is ‘incapable of understanding the objective of the elective process,’” Ziegler wrote. “If and when such a determination is separately found, then NVEs are created to notify the WEC that the ward has lost the right to vote. But, the NVEs do not bear on the court’s separate, earlier finding of incompetency. And, as the NVE does not exist at the time of the incompetency finding, it could not be a court record pertinent to the finding of incompetency. Instead, an NVE is generated only after the incompetency finding is made and in response to the separate question of the right to vote.” 

Both Ziegler and Bradley have often sided with Wisconsin’s election deniers — including voting in late 2020 to overturn the results of Wisconsin’s presidential election after former President Joe Biden won in the state over  President Donald Trump. In the dissent, Ziegler echoed frequent right-wing talking points about “the integrity of the election process” and wrote that members of the public have the right to interrogate if their fellow citizens are eligible to vote. 

“The public records law declares that ‘a representative government is dependent upon an informed electorate’ and that the public is entitled to the ‘greatest possible information regarding the affairs of government,’” she wrote. “That policy carries particular force here, where the records at issue bear directly on everyone’s voting rights and its administration. Undoubtedly, the public has a significant interest in ensuring that only those legally qualified to vote participate in elections. Improper ballots not only raise concerns of individual exploitation but also implicate the integrity of the electoral process as a whole.”

Following the decision, voting rights advocates celebrated the majority’s decision to protect voter privacy. 

“Like all Wisconsinites, individuals under guardianship deserve dignity and respect,” Law Forward Legal Fellow Taylor Gilbertson said in a statement. “It should go without saying that any effort to reveal their private voting records would risk a profound injustice. The Court was right to protect them.”