The election deniers coming to a swing state near you

The Rise of Election Deniers in Swing States

Tom Tiffany, the new Republican nominee for governor in Wisconsin, is not just a passive supporter of President Donald Trump's lies about the 2020 presidential election. He is an active promoter of them. In December 2020, when he was a member of Congress, he signed on to a Texas lawsuit seeking to invalidate Joe Biden's victory. On January 6, 2021, he voted against certifying the results in Pennsylvania and Texas just hours after rioters threatened to kill his colleagues. He has stated he would have overturned Wisconsin's results too, and just this year endorsed an FBI investigation into the state's elections.

It's not just Wisconsin. In each of the other most critical 2028 states — Michigan, Georgia, Pennsylvania, Arizona, and Nevada — Republicans have chosen an election denier as their nominee for governor, secretary of state, or both. If any of these candidates win, they will have at least some degree of authority over the administration of elections in a state that could determine the outcome of the next presidential election.

So could the outcome of the 2026 midterms ultimately lead to a stolen election in 2028, as some are already warning? Election experts say it's very unlikely. State election laws contain numerous overlapping checks on interference from top officials. The judiciary has a pretty strong track record in stopping election malfeasance. A reform to the Electoral Count Act, passed quietly during the Biden presidency, significantly improved federal protections against election interference. And in 2028, the man uniquely responsible for previous pushes to invalidate the 2020 election won't be on the ballot.

"[There are many] reasons why one should not be concerned," says Rebecca Green, the co-director of the Election Law Program at The College of William and Mary. "Even in circumstances where there is a single partisan in control of a state's election process, there are numerous checks on that power."

That said, the risk isn't zero. There is a remote chance, if the election is extremely close, that a well-placed election denier could swing the outcome. And even if they don't outright steal an election, someone like Tiffany could still use their office to damage the electoral system in some pretty important ways.

"We have to be walking between complacency and alarmism," says Rick Hasen, an expert on election law at UCLA. "Both of those are bad."

Why the 2028 Election is More Secure Than You Think

Election law varies from state to state. Most of the time, the state's secretary of state (SOS) is in charge of elections, but sometimes it's the state board of elections. Sometimes the SOS is directly elected, and sometimes they're appointed by the governor. But in broad strokes, there are three ways for governors or an allied SOS to attack an election. They can try to suppress opposition voters before the voting starts, by (for example) purging them from the rolls or putting insufficient polling stations in their neighborhoods. They can try to interfere during the vote count, by trying to disqualify outparty ballots or even falsifying the vote count. Or they can try to interfere afterward, by refusing to certify election results.

Each of those is exceptionally, perhaps even prohibitively, difficult to pull off — even for a committed election denier. Voter suppression is hard because the tactics are legally limited. Current federal law bans voter roll purges within 90 days of the election, which allowed Democrats to simply re-register voters disqualified in previous Republican purges (though the Supreme Court may overturn this provision in an upcoming case). Impediments like polling station placement are, per Hasen, hard to target; they are most likely to affect low-income and low-propensity voters, who have trended Republican in recent elections.

Interfering with the counting of votes is made difficult by what Green terms "adversarial election administration": basically, the fact that partisans from both parties are involved in multiple different stages of the counting process. Every state has strict rules governing the counting process, and observers from both parties can see if they're being breached in the other party's favor. If there is an irregularity, courts are empowered to step in and correct it. And it is simply illegal for governors or secretaries of state to interfere with the counting process.

The Real Risk of Election Interference

That said, the risk isn't zero. There is a remote chance, if the election is extremely close, that a well-placed election denier could swing the outcome. And even if they don't outright steal an election, someone like Tiffany could still use their office to damage the electoral system in some pretty important ways.

"We have to be walking between complacency and alarmism," says Rick Hasen, an expert on election law at UCLA. "Both of those are bad."