Federalist Radio Hour
Episode: The Critical Election Integrity Battles That Will Define 2026
Date: January 23, 2026
Host: Matt Kittle
Guest: Jay Christian Adams, President and General Counsel, Public Interest Legal Foundation
Overview
In this episode, Matt Kittle is joined by Jay Christian Adams to discuss the most urgent and controversial election integrity issues facing the United States as the 2026 midterm elections approach. Their conversation dives into pivotal court cases, the practical obstacles to clean voter rolls, ballot laws, battles over redistricting, the role of nonprofits in election offices, and legislative developments impacting voters’ confidence in electoral processes.
Key Discussion Points and Insights
1. Supreme Court Ruling on Standing in Election Law (Bost Case)
- [01:09 – 05:39]
- The Supreme Court recently decided the “Bost case,” expanding who has standing to sue over election law violations.
- Adams: “This expands the universe of people who can bring a lawsuit to candidates.” [01:49]
- However, standing for legislators (who aren’t also candidates) remains unresolved.
- Adams: “This case does not say legislators have standing simply because they're legislators... If they're simply legislators who aren't on the ballot, that is unchanged.” [05:15–05:39]
- The Supreme Court recently decided the “Bost case,” expanding who has standing to sue over election law violations.
2. Mail Ballot Deadlines and Destabilization
- [06:16 – 08:20]
- Adams warns that late-arriving ballots create uncertainty, sow doubt, and destabilize the country.
- Adams: “Late arriving ballots that cause late announcements of winners is the single most destabilizing component of American elections.” [06:41]
- The meaning of when a vote is “cast” is subject to an upcoming Supreme Court case.
- Adams warns that late-arriving ballots create uncertainty, sow doubt, and destabilize the country.
3. Dirty Voter Rolls: A Persistent Issue
- [08:20 – 12:25]
- Adams voices concern over court decisions weakening requirements for maintaining accurate voter rolls.
- In Michigan, the 6th Circuit ruled that states don’t have to be effective, only make a “reasonable effort.”
- Adams: “There is a court decision...that says states really don't have an obligation to keep clean voter rolls.” [08:51]
- The lack of local political will to address the issue is “discouraging.”
- Adams: “We went to the grave sites of the voters... Some of these people have been dead since the 90s and they're still on the active voter rolls.” [10:05]
- Michigan’s defense: The problem is proportionally small and the law doesn’t require effectiveness, just effort.
- Adams voices concern over court decisions weakening requirements for maintaining accurate voter rolls.
4. The “SAVE Act” and Voter Citizenship
- [13:07 – 14:04]
- The SAVE Act, requiring proof of citizenship to vote, has passed the House but is stalled in the Senate.
- Adams: “It just doesn’t have the votes.” [13:44]
- The SAVE Act, requiring proof of citizenship to vote, has passed the House but is stalled in the Senate.
5. Major Litigation Focal Points for 2026
- [15:26 – 16:14]
- Lawsuits against race-based redistricting (notably in California).
- Lawsuit in Texas to uphold the right to a secret ballot.
- Adams: “One is...race-based redistricting in California. We have a lawsuit against California... Another [is]...the secret ballot in Texas...” [15:26]
- Ongoing efforts to ensure clean voter rolls nation-wide.
6. Redistricting and State-Level Voting Rights Acts
- [18:02 – 20:32]
- Blue states passing state-level “mini voting rights acts” to lock in progressive election reforms and make it easier to create race-based districts.
- Adams: “They make race the center of state election law...You create all these race-based districts under state law.” [19:18]
- Bureaucrats (state AGs) gain the power to override local election decisions.
- Blue states passing state-level “mini voting rights acts” to lock in progressive election reforms and make it easier to create race-based districts.
7. Activist Groups and Nonprofits in Election Offices
- [21:12 – 23:56]
- Democrats shifting millions into direct voter registration efforts, previously handled by nonprofits.
- Adams details how partisan volunteers have staffed official election offices in blue cities and describes this as “standard operating procedure.”
- Adams: “Some of these election offices...are populated by volunteers parachuted in from activist leftist 501c3 groups to work inside the election offices.” [23:21]
8. Ballot Harvesting: Ongoing but Lessened in Some States
- [24:09 – 24:26]
- Ballot harvesting remains a factor, but many states have curtailed it. The “culture” varies by state.
9. Distrust in Elections: Both Sides Now
- [24:26 – 26:25]
- The left now claims Republicans could “rig” the 2026 midterms, echoing rhetoric once reserved for critics of 2020.
- Adams: "I really sincerely hope...that these sorts of claims become very out of fashion.” [25:16]
- Adams expresses optimism that confidence is slowly returning, though distrust lingers.
- The left now claims Republicans could “rig” the 2026 midterms, echoing rhetoric once reserved for critics of 2020.
10. Congress's Role and Limits in Election Integrity
- [26:25 – 28:51]
- Federalism restricts Congress’s jurisdiction in most election matters.
- State laws are the main arena for reforms, though minor Congressional changes (e.g., to the NVRA and transparency of voter rolls) could help.
11. Public Access to Voter Rolls
- [28:51 – 31:51]
- War over access and price of voter rolls continues; PILF had some victories (New Mexico) and defeats (Alabama).
- Several states—like Wisconsin—are exempt from transparency requirements, with ongoing litigation.
12. Final Thoughts: Is Election Integrity Improving?
- [32:30 – 32:45]
- Adams: “A whole lot more than I was years ago. A lot of progress has been made. There's so many good things happening in this space.” [32:30]
Memorable Quotes & Notable Moments
-
"Late arriving ballots that cause late announcements of winners is the single most destabilizing component of American elections."
— Jay Christian Adams [06:41] -
"There is a court decision by the sixth Circuit Court of Appeals that says states really don't have an obligation to keep clean voter rolls."
— Jay Christian Adams [08:51] -
"We went to the grave sites of the voters...Some of these people have been dead since the 90s and they're still on the active voter rolls."
— Jay Christian Adams [10:05] -
"They make race the center of state election law...you create all these race-based districts under state law."
— Jay Christian Adams [19:18] -
"Some of these election offices...are populated by volunteers parachuted in from activist leftist 501c3 groups to work inside the election offices."
— Jay Christian Adams [23:21] -
"A whole lot more [confidence] than I was years ago. A lot of progress has been made."
— Jay Christian Adams [32:30]
Timestamps for Key Segments
- 01:09: Introduction to the Bost Supreme Court decision on standing
- 06:16: Discussion of mail ballots and election night destabilization
- 08:20: Status and challenges of cleaning voter rolls
- 13:07: The SAVE Act and voter citizenship requirements’ status
- 15:26: Key election integrity issues and ongoing litigation
- 18:02: Personnel and legal tactics in blue states’ election offices
- 21:12: DNC’s shift to controlling voter registration strategies
- 23:21: Nonprofits and activists within election offices
- 24:09: Ballot harvesting laws by state
- 26:25: Congress’s proper scope in election regulation
- 28:51: Fight for public access to voter rolls and transparency
- 32:30: Adams reflects on improved confidence in election integrity
Tone and Language
The conversation is direct, urgent, and occasionally wry, with Adams and Kittle speaking openly about their frustrations, skepticism about state actors’ motives, and hopes for restoring faith in elections. Adams combines legal expertise with anecdotal accounts (“We went to the grave sites...”), while Kittle often sets a combative, “ballgame” tone about the political stakes and the persistence of systemic issues.
For listeners seeking a comprehensive, critical perspective on election integrity as 2026 approaches, this episode surveys the high-stakes legal battles, legislative fights, unresolved vulnerabilities, and shifting tactics shaping the next midterms.
