Are We Still Headed Toward Free and Fair Elections?

The big lie is impacting election laws.

We are now in the midst of the 2026 midterm primary election season. In March alone, four states will hold primaries, including two pivotal states—North Carolina and Texas. The 2026 midterms will determine whether Republicans retain control of Congress, allowing President Trump’s agenda to move forward largely unimpeded, or whether Democrats can overcome slim Republican majorities and regain control of the House, the Senate, or both. Given what is at stake, voting rules are back in the headlines.

Last week, Donald Trump made headlines by calling for the “nationalization” of U.S. elections. Statements from Trump should not be dismissed. They reflect the Federal Government’s growing interest in intervening and prepare the ground for more aggressive interventions down the line. At the same time, the most immediate threats to free and fair elections are the voting rules rewritten in statehouses across the country and the legislation Congress is currently considering.

None of this debate emerged in a vacuum. They are rooted in the false claim that the 2020 election was stolen, which has come to be known as the Big Lie. That lie rests on a familiar set of allegations:

• Non-citizens voted at scale and that felons voted illegally,

• Voting machines were corrupted and

• There was massive, coordinated fraud involving both domestic and foreign players.

Those claims were repeatedly tested and failed every time.

• More than sixty court challenges were dismissed or rejected, often by Republican-appointed judges.

• Republican election officials certified results after audits, recounts, and hand counts

• Trump’s own Department of Justice concluded there was no evidence of widespread fraud that could have changed the outcome of the election.

• Documented cases of non-citizen voting are few, likely fewer than 100 nationwide.

The Big Lie may have been disproven in court, where facts matter, but its narrative has nevertheless taken hold and shaped policy. Reacting to this false premise, states have moved to make voting harder in various ways. Since 2020, many states have:

• restricted mail and early voting,

• reduced the number of ballot drop boxes,

• expanded voter roll purges without providing meaningful opportunities for voters to challenge their removal, and

• limited who may assist voters with disabilities or language barriers.

Congress has also entered the picture. While states administer elections, the Constitution gives Congress the authority to set national standards for federal elections. At the moment, Congress is considering the SAVE Act, which would require Americans to provide documentary proof of citizenship in order to vote in federal elections. This change would disproportionately affect naturalized citizens, married women whose legal names do not match their birth certificates, elderly voters, and low-income Americans without ready access to these documents. Analysts note that more than 21 million Americans lack easy access to such documents, risking their disenfranchisement.

I still believe that the process of casting and counting votes in the United States is largely accurate. That is not where the system is breaking down. The real concern is who will be able to vote and how many eligible voters will decide that participation has become too confusing, too risky, or too burdensome to pursue.

What You Can Do

1. When these issues come up in conversation, name the original lie. These laws and proposals did not arise from a real problem.

2. Contact your members of Congress about the SAVE Act, particularly as some Republicans have suggested attaching it to immigration or ICE-related legislation. You can use the ACLU’s action center: https://action.aclu.org/send-message/stop-anti-voter-bills-now

3. Take time to understand the voting rules in your own state, and help others in your network register and vote. The Brennan Center for Justice has many resources, including this state-specific guide to restrictive voting changes. https://www.brennancenter.org/our-work/research-reports/state-state-guide-restrictive-changes-voter-id-mail-voting-and-ballot?utm_source

Elections still matter. The question is whether we will insist on keeping them accessible enough for the American people to have a true voice in their government.

Endnotes

1. Post-2020 Voting Restrictions
   Since the 2020 election, at least 29 states have enacted laws that restrict voting access in at least one way, including voter registration, mail voting, ballot access, or election administration.
   Brennan Center for Justice, State Voting Laws Roundup
   https://www.brennancenter.org/our-work/research-reports/state-state-guide-restrictive-changes-voter-id-mail-voting-and-ballot

2. Restrictions on Mail and Early Voting
   At least 18 states have enacted laws since 2020 making it harder to vote by mail or limiting early voting options, including stricter ID requirements, shorter request windows, or reduced availability.
   Brennan Center for Justice, Voting Laws Roundup 2025
   https://www.brennancenter.org/our-work/research-reports/state-voting-laws-roundup-2025-review

3. Ballot Drop Boxes
   At least 11 states have restricted the availability or use of ballot drop boxes since 2020, including limits on number, location, or hours of access.
   National Conference of State Legislatures (NCSL), Ballot Collection and Drop Box Laws
   https://www.ncsl.org/elections-and-campaigns/table-10-ballot-collection-laws

4. Voter Roll Purges and Registration Challenges
   At least 17 states have expanded or accelerated voter roll purge practices since 2020, often reducing notice periods or opportunities for voters to contest removal.
   Brennan Center for Justice, Voter List Maintenance
   https://www.brennancenter.org/our-work/research-reports/voter-list-maintenance

5. Limits on Voter Assistance
   More than a dozen states have enacted or expanded limits on who may assist voters with disabilities or limited English proficiency.
   Brennan Center for Justice, Restricting Voter Assistance
   https://www.brennancenter.org/our-work/analysis-opinion/restricting-voter-assistance-laws

6. Federal SAVE Act
   The SAVE Act would require documentary proof of U.S. citizenship to vote in federal elections. Analysis indicates that over 21 million voting-age Americans lack ready access to such documents.
   Brennan Center for Justice, The SAVE Act Would Block Millions From Voting
   https://www.brennancenter.org/our-work/analysis-opinion/new-save-act-bills-would-still-block-millions-americans-voting

7. Non-Citizen Voting
   Documented cases of non-citizen voting are extremely rare and not outcome-determinative. Reviews consistently find numbers in the dozens nationwide.
   Associated Press summary
   https://apnews.com/article/1badfb99ab7ef21a6fb176d2867d51e5