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Mark Z. Barabak: War games and draft lawsuits: Democrats work to Trump-proof November election

Mark Z. Barabak, Los Angeles Times on

Published in Op Eds

DENVER — The office of Colorado's attorney general is a perch 10 stories above downtown Denver. From his aerie, Phil Weiser has a sweeping view of the city skyline, the gold-domed Capitol and, occasionally, a red hawk on the wing.

But looking toward November, Weiser sees something darker.

Federal agents swarming polling places. Voters intimidated or blocked from casting their ballots. A tyrannical president using his powers, real and imagined, to undermine or try to overturn the Nov. 3 election.

"With this administration what we have seen is it's important that we not limit our imagination to what ... type of harm could happen," Weiser said during a sunny noon hour in the Mile High City.

For that reason, Colorado's attorney general and his Democratic peers around the country have spent more than a year strategizing — by phone, via Zoom, sometimes in person — on ways to Trump-proof the midterm election.

They've researched history and the law, war-gamed what-ifs, divvied up responsibilities and drafted emergency lawsuits and temporary restraining orders so they can be hurried into court at a moment's notice.

"We have prepared for a range of contingencies ... so that we're ready to act," Weiser said.

"We're not going to be reacting in real time" or pulling all-nighters, he added. "We are going to be following through on plans we've made, having looked at what's possible."

The efforts of Weiser, California's Rob Bonta and more than 20 other Democratic attorneys general are part of a mass mobilization aimed at thwarting Trump's unprecedented efforts to pervert and subvert November's midterm balloting.

It's remarkable that kind of man-the-barricades action is needed to preserve and protect the voting franchise in this, the land of the free and home of the brave. But having weighed the threats, Weiser said his greatest fear of election interference comes not from a bad overseas actor or some terrorist group, but rather our own federal government "and what this administration might do."

So here we are.

To fend off that threat from within, state Democratic parties across the nation are aiming to recruit 10,000 volunteers to guard polling places in the event armed federal agents show up.

Various sponsors have launched education campaigns to explain election rules and offer hotlines for voters who have trouble casting their ballot.

Civil rights groups and democracy-defending organizations have staged their own tabletop exercises brainstorming and rehearsing various scenarios. A group of Democratic U.S. senators has done the same.

"What we're doing is preparing for the fact that Donald Trump, in 2020, lied about the election in advance, lied about it in the aftermath, went to court … and then he instigated a violent insurrection in this very building," Marc Elias, a Democratic elections attorney, told MS NOW in a July interview at the Capitol. "So I think we need to take these threats in the 2026 midterm run-up … both seriously and literally."

 

In a more courageous, less heedlessly partisan world, Republicans would be working with Democrats to keep the power-drunk Trump in check. (The House and Senate supposedly comprise a separate and equal branch of government, with its own power, prerogatives and such.)

But, as Weiser noted, this Republican-led Congress "has been lacking in backbone, lacking in the role of checks and balances. That has left it to state attorneys general to fill that vacuum, going to court and essentially playing the role of a check on a lawless and often bullying president."

The nation's 24 Democratic attorneys general have filed more than 125 lawsuits in Trump's second term alone, fighting his moves on trade and tariffs, energy and immigration policies and efforts to gut or eliminate programs and whole government agencies. They've prevailed in the overwhelming majority of cases that have been adjudicated or settled.

Even before Trump was elected again, some attorneys general began conferring on ways to fight the excesses they anticipated in a second administration. Anyone who didn't see them coming wasn't paying attention, said Weiser, who, most likely, will be elected Colorado's next governor on Nov. 3.

(His victory in the Democratic primary stemmed in good part from Weiser's record battling Trump in court.)

"The worst-case scenario was that a Trump presidency would work to implement Project 2025 and would do things like try to end birthright citizenship, try to interfere with the delivery of ballots in the mail, would seek to use ICE in ways that were a basic affront to the rule of law," Weiser said. "All those things have happened."

So why not expect more of the same come November?

Trump is constitutionally (small "c") incapable of acknowledging the result of any election he didn't win. He's openly urged supporters to "cheat like hell." Thus, one can only assume malign intent when the president tries to wantonly purge voter rolls, hijack the U.S. Postal service to gum up mail balloting and override the Constitution (capital "c") by federalizing November's election.

Some might call such fears melodramatic, or overblown.

But as Weiser said, "We need to stay nervous and stay vigiliant because [of] what this president has shown, Jan. 6 being one of the telling examples."

Trump's refusal to accept the outcome of elections "is historic," the attorney general said. "It is unique. It's a threat. And it's why we have to stand our guard."

Vote, to bring this rogue president to heel. Stay vigilant, to make sure that vote counts.

Two good watchwords for this midterm election.


©2026 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

 

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