I’m Not a Lawyer, But Here’s the Truth About 2026
The Resistance Needs a Plan Before It’s Too Late
I’m not a constitutional law scholar. I’m not a lawyer. But I’ve read enough history, lived through enough political knife fights, and watched enough autocrats run the same playbook to know this: if you think the 2026 midterms are guaranteed to run smoothly, you haven’t been paying attention.
Could Donald Trump—or any president—actually cancel the election? Not legally. Not under the Constitution. Not even under “martial law.”
But could he try? Hell yes. And that’s why people like you and me, who care about American democracy, need to start organizing right now.
Could He Really Cancel the Midterms?
No. Congress sets the date of federal elections, not the president. It’s been the law since 1845: the first Tuesday after the first Monday in November. To change it, Congress would have to pass new legislation. Despite Trump’s influence over Speaker Mike (Mr.
Grindr, Scruff, and Taimi) Johnson and his MAGA caucus, their margin in the House is too slim to get that done, and Democrats would fight like hell to stop it.
The courts have also made it crystal clear: even during war, even during rebellion, elections go on. In 1864, Lincoln let the country vote in the middle of the Civil War. In 1944, FDR let the country vote while Americans were storming the beaches in Europe and the Pacific. No excuses.
Even Chief Justice Roberts, hardly a pillar of courage, wouldn’t likely sign off on suspending an election. It would further deepen the low opinion of the legitimacy of the Supreme Court by Americans, and he knows it.
What If Trump Declares Martial Law?
That’s the bogeyman. But declaring martial law doesn’t hand the president a magic cancel-the-elections button.
States run elections. Governors, legislatures, and local boards oversee ballots and polling places.
Courts stay open. The Supreme Court has ruled you can’t just swap out civilian government for the military if courts are functioning. And in America, the courts don’t shut down. They are open 24/7, 365 days a year.
The military won’t play along. In 2020, generals told Trump flat out: We’re not doing that. Even with the ongoing purge of independent voices inside the armed forces, there are still adults in the room.
Blue State Governors. Blue-state governors, think New York, Illinois, California, would not sit idly by while Trump’s White House tried to shut down elections.
That firewall is real.
The Real Danger
The real danger isn’t some Hollywood-style suspension of elections. The real danger is quieter, but no less corrosive:
Executive orders attacking mail-in voting and voting machines
Gerrymandering mid-decade to pad seats for one party
Restrictive voting rules like strict ID requirements or citizenship paperwork
Ordering a new Census and manipulating the results
Discrediting results before the votes are even counted
These moves don’t cancel elections. They warp them. And unless there’s organized pushback, they can tilt the playing field just enough to matter.
Why the Resistance Needs a Battle Plan Now
You don’t stop a fire by forming a bucket brigade after the flames hit the roof. You get the hoses and the hydrants ready before the sparks catch.
That means:
Lawyers and watchdogs should have lawsuits pre-drafted and emergency motions ready.
Governors and secretaries of state should be clear on their authority to keep elections running.
Civic groups and media outlets need to explain how elections actually work so misinformation doesn’t win the day.
Citizens should be talking about this openly now, not whispering about it in October 2026.
A Call to Action
Trump, or anyone like him, probably can’t cancel the 2026 elections. But if you think that means we’re safe, you’re missing the point.
He doesn’t have to cancel them. He just has to muddy them, skew them, delegitimize them. That’s the battlefield.
And if people who care about democracy don’t have their battle plan ready before 2026, they’re already behind.
The time to prepare isn’t next fall. The time is now.
What If We Convened a Summit?
Here’s a thought: American Muckrakers is considering convening a summit of aligned groups, organizers, watchdogs, and democracy defenders. A gathering to plan, coordinate, and strategize, not next year, but this year.
Because scattered resistance won’t cut it. To defend democracy, there has to be a network: lawyers with briefs, governors with plans, activists with resources, and citizens with eyes wide open.
What do you think? Should we bring leaders, experts, and grassroots groups together in one room to lay out the defense plan for 2026? Would you support that effort or join it?
Let me know in the comments. Because if we wait until the fire starts, it’s already too late.
⚠️🔥 Democracy doesn’t defend itself. The time to plan is now.
AUTHOR: David B. Wheeler, President, American Muckrakers
I agree that now is the time to prepare but most of us are floundering. Letters to our representatives are not effective. I always get a stupid milk toast response. I think it is going to take a tsunami of citizen response which we have not seen yet. Protests do not seem to be of much effect so far and are not of the massive number I have read about in other countries... We need leaders and organization nationwide so if your summit does that or inspires that I am all for it. Thank you for caring!