The New Yorker Radio Hour

“The Constitution gives the states the power to set the time, place, and manner of elections,” the election lawyer Marc Elias points out. “It gives the President no [such] power.” Yet, almost one year before the midterms, Donald Trump has called for a nationwide prohibition on mail-in voting, an option favored by Democrats, as well as restrictions on voting machines. The Justice Department has demanded sensitive voter information from at least thirty-four states so far, with little explanation as to how the information will be used. Will we have free and fair congressional elections in 2026? “I am very worried that we could have elections that do not reflect the desires and the voting preferences of everyone who wishes they could vote and have their vote tabulated accurately,” Elias tells David Remnick. “That may sound very lawyerly and very technical, but I think it would be a historic rollback.” Elias’s firm fought and ultimately won almost every case that Trump and Republican allies brought against the 202