This news analysis was originally distributed in Votebeat’s free weekly newsletter. Sign up to get future editions, including the latest reporting from Votebeat bureaus and curated news from other publications, delivered to your inbox every Saturday.
With less than six months until the general election, and state primaries already well underway, you’d think that the rules of engagement for the 2026 midterms would be set by now. But two developments last week should quickly disabuse you of that notion.
Redistricting risks confusing voters and costing states millions
First up: Multiple states are plowing ahead with redrawing their congressional districts in the wake of the U.S. Supreme Court’s decision in Louisiana v. Callais. As we reported in last week’s newsletter, the flurry of mid-decade redistricting has already diluted the voting power of millions of people. But there’s another consequence to redrawing maps specifically at this late juncture: It will throw primary elections that are actively underway into disarray, confusing voters, forcing election officials to scramble, and costing taxpayers millions of dollars.
For example, after the Callais decision ruled Louisiana’s congressional map unconstitutional, Louisiana Gov. Jeff Landry, a Republican, quickly issued an emergency executive order suspending the state’s May 16 congressional primary for U.S. House candidates — even though voting had already started. Approximately 42,000 voters had already cast absentee ballots with those races on them.
Under Landry’s order, the rest of the primary will go ahead, but votes in those U.S. House races won’t count.
Legal challenges to his order are still pending, voters are confuzzled, and election officials are warning that adding a second primary election just for U.S. House elections will be expensive. “This election cost about $212,000 to $215,000, and so if we still go forward … and have to add the other closed party primary, that’s going to be more money,” Louis Perret, the Lafayette Parish clerk of court, said in an interview with KADN-TV. Perret estimated the statewide cost at around $8 million.
In Florida, where Gov. Ron DeSantis, a Republican, signed a new map on May 4, county election supervisors say they’re preparing to spend hundreds of thousands of dollars sending voters updated information about their new districts and clarifying where they’ll be voting. Alabama has petitioned courts to let it use a previous version of its congressional map, which would require new primary elections this summer, and a state fiscal note attached to the legislation estimates that could cost $4.5 million over two fiscal years.
Tennessee, which enacted a new map on Thursday, also enacted a law that eliminated the requirement for counties to notify voters by mail when their precincts and polling places change, according to the Tennessee Coalition for Open Government, though counties can still get reimbursed by the state if they choose to send the mailings. This would save money but leave voters responsible for figuring that out themselves. “When polling places or precincts are changed, more effort should be made to reach affected voters, not less,” the coalition wrote.
In Virginia, the state Supreme Court on Friday overturned the congressional map voters passed in a referendum late last month, citing problems with the process lawmakers followed in putting it on the ballot. That means the millions of dollars the state spent on the election was essentially for naught.
It does also mean that state and local election officials will avoid the “very, very time-consuming, incredibly detailed process” of assigning voters to the new districts while preparing to administer the upcoming August primary election, said Chris Piper, who was Virginia’s chief election official until 2022.
“In order to make those changes, it takes quite a lot of work,” he said.
The feds aren’t sure what to do with Trump’s mail voting executive order
Redistricting isn’t the only thing that could turn the midterms on their head. On March 31, President Donald Trump issued a second executive order on elections that would have given the U.S. Postal Service unprecedented control over mail ballots, which immediately drew legal challenges.
Democrats, voting rights groups, and states all filed lawsuits challenging the order. In a May 1 filing in a lawsuit consolidating some of those challenges, the U.S. Department of Justice asked a federal judge to dismiss the lawsuits and not issue a preliminary injunction blocking the order. That was no surprise, but more notable was their reasoning for it: The department argued that the lawsuits were premature because federal agencies haven’t even started to implement the order yet.
The order called for the creation of three separate lists of potential voters, including a list of citizens over age 18 residing in each state. But as Votebeat reported, it didn’t specify what any of these lists had to do with each other or, really, anything about how the order was supposed to work.
In statements accompanying the filing, leaders at the U.S. Postal Service and Social Security Administration basically said they were still figuring out what the order means for them. And the DOJ essentially agreed with many of the order’s critics who had pointed out that the order provided no direction on what to do with the lists it created.
“The Order does not specify any particular purpose or intended use for the State Citizenship Lists,” the department wrote in the filing, “and (other than their creation by the Department of Homeland Security … and transmission to States) does not require anyone inside or outside of the federal government to do anything with those lists.”
The administration’s inaction on implementing Trump’s executive order at least makes it less likely it will change anything for voters or election officials in the 2026 election, even if the courts decline to block it. But if there’s one thing we learned this week, it’s that politicians aren’t afraid to upend election administration if their motivations are strong enough, so the status of the order’s implementation bears watching into the summer and fall.
Carrie Levine is Votebeat’s editor-in-chief and is based in Washington, D.C. Contact Carrie at [email protected].
