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Home – U.S. House Election News – 2026 Midterms Could Be Headed for a Post-Election Legal War

2026 Midterms Could Be Headed for a Post-Election Legal War

Which party controls Congress might not be determined until long after Election Day due to lengthy state counting timelines and election litigation.

Election litigation began well before Tuesday and the counting of ballots will almost certainly persist for days. More than a dozen states have laws on the books to keep counting mail ballots arriving after Election Day.

In addition, officials in two key Senate battleground states predicted the winners might not be determined for days or weeks.

What Early-Voting Trends Tell

As of Oct. 29, 43.6 million people had already voted, according to the University of Florida’s Election Lab, which has data for 27 states. Of those, 20 million ballots were sent in the mail and 22 million were cast in-person. 

Of those early votes, registered Democrats hold a sizable edge overall over registered Republicans, 44% to 31%. That advantage shrinks to just seven percentage points, 39% to 32%, for in-person early voting. Democrats hold a 46.5% to 30.5% edge over Republicans in mail voting. 

A 2024 Pew Research Center poll showed that 39% of Republicans say they vote in-person on Election Day, compared with 28% of Democratic voters.

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What Democrats Would Do to America 

As for states with some of the most competitive Senate races, Democrats have a 5.4% edge in Kansas and a 4.9% edge in Iowa. Democrats have only a 1.6% edge in Maine for early voting and 1.2% edge in North Carolina.

Post-Election Anti-Trump ‘Task Force’ 

Democrat lawmakers, staffers and liberal organizations have already formed a “task force” that had “prewritten legal briefs and a Rolodex of key........

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