November 5, 2025

In my 35 years as an election lawyer, I’ve seen good election nights and bad ones. Last night was a very good one — for both Democrats and democracy. Democrats won everything, everywhere, all at once.

They captured two governorships — in New Jersey and Virginia — in commanding fashion. They won every statewide race in Virginia and gained 13 seats in the Virginia House of Delegates.

In Pennsylvania, three Democrats facing retention elections on the state Supreme Court easily prevailed, solidifying a pro-voting majority on the court for the foreseeable future. In New York City, not only did the Democratic nominee win, but the Republican candidate came in a distant third with less than 10% of the vote.

In Georgia, two Democrats flipped seats on the statewide Public Service Commission — marking the first statewide Democratic victory in a non-federal race in nearly two decades. In Mississippi, Democrats broke the Republican supermajority in the state legislature.

On the democracy front, the wins were even bigger. Gov. Gavin Newsom’s redistricting ballot measure passed by nearly 30 points. Meanwhile, Republicans’ effort to use the referendum process to impose voter ID in Maine failed by a similar margin.

It was hard to find any good news for Republicans at all. Not only did Democrats win every key race, but they did so with high turnout. Republicans cannot claim that their voters stayed home. This was a clear referendum on Donald Trump and the Republican Party — and voters chose Democrats by wide margins.

But let's not pop the champagne quite yet. History has taught us that this is precisely when Donald Trump is most dangerous — and when Republicans turn to voter suppression, election subversion and worse. With the 2026 midterm elections less than a year away, Trump is already plotting his next moves.

Here’s what we all need to prepare for:

1. Republicans will falsely claim they lost because of fraud.

Even before the first votes were cast, Trump was already alleging massive fraud in California. As Election Day unfolded, he doubled down on that lie and promised a criminal investigation. When pressed, the White House press secretary repeated false claims about voter fraud and announced a new executive order “cracking down” on voting rights.

Meanwhile, Elon Musk suggested that New York City’s ballot itself was a form of voter fraud, while right-wing activists made similar baseless claims in New Jersey and Pennsylvania.

In the days and weeks to come, this rhetoric will intensify and spread within the GOP. It will be amplified by right-wing media and anti-voting advocates — becoming more extreme and more dangerous. This is by design. Undermining the legitimacy of the 2025 elections is central to the GOP’s strategy to preemptively discredit the 2026 midterms.

2. Trump will try to ban several popular methods of voting.

Over the past several months, Trump has repeatedly attacked voting by mail — claiming he will ban it before the midterms. But mail-in voting isn’t his only target. He has also vowed to prohibit early in-person voting and certain voting machines. This is on top of his efforts to impose strict nationwide voter ID laws and burdensome voter registration rules.

Collectively, Trump and the Republican Party are preparing to wage an all-out assault on the ability of Democratic voters to exercise their rights.

3. Republicans will further exploit the levers of federal power.

In the months leading up to this election, Trump used every tool available to influence the outcome. He issued executive orders aimed at making voting more difficult.

His Department of Justice filed lawsuits to access sensitive voter data and suppress participation. He even sent DOJ poll monitors into California and New Jersey.

While none of these efforts prevented the GOP’s staggering losses, we must recognize that this was only a test run. Expect to see military deployment in more U.S. cities, deeper federal involvement in the voting process, and a more aggressive DOJ presence in court.

4. Trump will claim the power to count ballots, tabulate results and certify elections.

As readers of Democracy Docket know, Trump has already claimed this power. In December 2020, he met in the White House to consider signing an executive order to seize voting equipment in Georgia. Only the threat of mass resignations stopped him from doing so.

This time, there may be no roadblocks. The DOJ will not slow him down — it will execute his wishes. It will fall to the courts, not internal resistance, to stop such actions.

5. Extreme Republican gerrymandering will accelerate.

What began in Texas as an effort to steal five congressional seats has already spread to Missouri and North Carolina. After last night, pressure will mount on more Republican-controlled states to adopt even more extreme maps and silence voters.

With the Voting Rights Act under siege, expect southern states to expand their unconstitutional mission. Republican officials will move quickly to racially target districts where minority voters currently have the power to elect their preferred candidates.

6. Republicans will ask courts to legitimize their actions.

Republicans are already litigating against free and fair elections. The Department of Justice is suing eight states to access sensitive voter data on tens of millions of Americans. The administration is also asking the Supreme Court to overturn the Voting Rights Act and weaken campaign finance laws.

All of this will intensify — more aggressive, more frequent and more coordinated — in 2026. The network of right-wing, anti-voting groups is vast and well-funded. Pam Bondi will do whatever Trump requires, and right now, he needs to hold power after 2026.

7. Political prosecutions will increase.

We’ve already seen the abuse of the criminal process to target Trump’s political opponents. This is a tactic he relishes — and one that authoritarians around the globe use to consolidate power and cripple opposition movements. Expect a sharp uptick next year.

8. The legacy media will fail us.

I don’t know how else to say it, except to repeat what I wrote a year ago: We are on our own.

The legacy media has surrendered to Trump. Its obsession with “both-sides” coverage, combined with its weakened financial state, has made it easy for Trump to co-opt. It is not standing up to his authoritarian power grabs — and it will not protect free and fair elections.

Now is the time to support independent, pro-democracy media. I started Democracy Docket in 2020 to provide the news, information and analysis you need to understand moments like this. 

Last night was a win. Today, our work continues. Support it now.