The United States constitution gives the states the power to set the “Times, Places and Manner” for holding congressional elections (every two years) and presidential and state constitutional office elections (every four years). Federal law sets Election Day as the Tuesday after the first Monday in November in even-numbered years, and so on November 3 of this year the election season begins and democratic participation commences. Although voting occurs on November 3, the process of counting ballots, deciding which ballots are lawfully cast, declaring a winner and then certifying the outcome can become a long, drawn-out, and in some cases a controversial procedure as there may be disputes over the accuracy of the vote count, allegations of voter fraud, and state rules for recounts.
But before this exercise in democracy begins and grinds to its conclusion, the non-constitutional elements of voting and elections take over as Americans must endure endless television advertising, campaign literature that fills mailboxes, personal pleas from candidates, commentaries from political pundits, quasi-scientific polls and social media appeals for campaign contributions to get out the vote and to pay for all the “stuff” that has become part of electioneering — staff and consultant salaries, the cost for television time, travel on private planes and buses, and the miscellaneous expenses such as bumper stickers, t-shirts and lapel buttons. The election season has become a billion-dollar extravaganza and public industry with no end in sight.
The Founding Fathers never really anticipated that the leaders of the new republic would be chosen in such a money pit process. Initially, electors from the propertied elite cast their ballots without much fanfare and little interference from the masses. But with the campaigns for the presidency of Andrew Jackson from 1829-1837, elections became “popular” as farmers, laborers, small businesspeople and what Jackson called “ the common man” changed the shape of the elections as negative newspaper ads, sloganeering and outlandish cartoons, and frequent charges of fraud and corruption became commonplace. Elections were marked by threats, fear-mongering, and attacks on bankers, Native Americans, abolitionists and immigrants. The process of electing state and national leaders became a rough-and-tumble exercise that often was best characterized as the beginning of what we today call negative campaigning.
Negative campaigning today has some of the elements of the Jacksonian model but the election season is now marked by even more sinister and dangerous strategies and tactics. Voter suppression is now employed in some states to make it difficult to cast a ballot by limiting the number of voting sites available to cast ballots or the times when polls open and close. There is also the recent Supreme Court decision that blocked the Trump administration’s effort to prevent mail-in voting, which was part of a White House effort to use the Postal Service to act as a gatekeeper to determine which ballots would be delivered to election officials. Although the Trump administration lost out in the mail-in process for voting, it was able to convince the Court to utilize Social Security data as a means of determining who was eligible to cast a ballot. The decision of the Court was roundly criticized by election officials who claimed that the data had been shown to have numerous errors and discrepancies. Furthermore, with the national elections in early November, many state officials felt that this tactic was designed to shut out potential voters and serve to benefit Republican candidates for office.
Of even greater concern for advocates of voting and fostering the expansion of voting rights is the threat coming from the White House about declaring a national emergency before the election and mandating martial law. As public opinion polls point to a so-called “Blue Wave” of Democratic victories that would lead to control of the House and Senate, the Trump administration has taken the radical step of suggesting that it would shut the election down in an unprecedented anti-democratic move. Although the prospect of an election shutdown is unlikely, the fact that it is even discussed would bring an end to democratic rule in the United States and further cement authoritarianism by the Trump administration.
The 2026 mid-term elections are perhaps the most important challenge to democratic practice in modern times. Should the Blue Wave become reality, it is certain that the Democrats would begin impeachment proceedings against President Trump and other members of his cabinet and administration. There would also be a move to make the Epstein Files public and begin efforts to charge those in the Trump administration with dereliction of duty and illegal restrictions on open access to the Files. Moreover, the information contained in the investigations of Special Prosecutor Jack Smith would finally see the light of day. Such developments would create a period of political chaos and deepening national division as actions viewed by supporters of the Trump administration would be viewed as political revenge designed to humiliate and perhaps incarcerate the president and his allies.
As the old political adage goes, “Elections have consequences,” and should the Democrats take hold of the national government, the election season would bring enormous change to the body politic of the United States. Not only would the Republican Party suffer severe losses of power and prestige, but policies that the GOP has supported such as the war in Iran, the role of ICE, attacks on health care and social welfare programs, beneficial tax breaks for the wealthy, and deregulation of many sectors of commerce, the environment, science and education, would undergo major restructuring and likely legislative reform. There of course is no guarantee that the mid-terms will bring a “Blue Wave.” In fact, the Republicans might limit Democratic advances and create a new level of gridlock that would stymie efforts by the Democrats to bring about meaningful change. The American voter would be left with this entire election extravaganza leading only to political sloganeering, boring bluster, and negative campaigning. Billions spent on talk and empty promises.
We will just have to wait to see how the election season turns out and analyze how our brand of democracy works (or doesn’t work). All the major players in this election drama have much at stake — President Trump, cabinet members, donors and allies, the Republican Party, the Democratic Party, MAGA, the Trump haters, liberals and conservatives, and of course those Americans who have to deal daily with inflation, affordability, debt, taxes, mortgages, and the anxiety of living in a country that is in a crisis mode. For many of us, this election season is a time we wish would come to an end; for many of us, it is a time of potential change and reform; and for many of us, it is a time for a new beginning or, worse yet, a time of deepening crisis. We will just have to wait and see.