As voters prepare for the 2026 midterm elections, questions about election security, misinformation and the rules governing voting remain central to the national conversation. How can voters evaluate claims of fraud? And what legal challenges arise when artificial intelligence is used to mislead voters?
Barbara McQuade, University of Michigan law professor from practice and former U.S. attorney, discusses the legal framework governing elections, the potential consequences of AI-generated political advertising, and why she believes the decentralized U.S. election system is designed to protect the integrity of the vote.
Who has the authority to establish and enforce election rules? How do the responsibilities of federal, state and local officials differ?
The Constitution specifies who does what. States control the time, place and manner of elections, subject to Congress' authority to alter those rules. One of the strengths of our election system is that it is so decentralized. That makes it difficult for anyone to hack into the system and disrupt voting nationwide. Congress also has exercised its authority to establish election rules, including through the Voting Rights Act, which addresses discrimination in voting, and the National Voter Registration Act, which facilitates voter registration through driver's license applications and renewals.
The federal executive branch does not have the same authority to set election rules. That is why, in the situation involving the U.S. Postal Service, the Supreme Court said the agency could not unilaterally change election procedures. Those decisions belong to the states and Congress. The issue becomes complicated when a president or executive branch agency attempts to change how elections are conducted in the name of election integrity. The constitutional question is whether the government official or agency has the authority to make those changes. The text and the court say "no."
Voters sometimes hear claims about election fraud, illegal voting or problems with ballot counting. How can they distinguish legitimate concerns from claims that lack evidence?
That can be difficult for an ordinary voter. It is not always easy to evaluate a claim, particularly when someone presents it with great confidence. Voter fraud does occur, and individual cases are sometimes detected. But the idea that widespread fraud has changed the outcome of an election is not supported by the evidence we have seen in the United States.
Many of these claims can undermine public confidence in our democracy. If voters want to understand what is happening, I would encourage them to look for evidence and consult reliable sources, particularly their state and local election officials. Secretaries of state typically provide accurate information to help voters understand election procedures and address questions about how elections are administered.
AI-generated images and videos are becoming increasingly realistic. What legal challenges does this technology create for political campaigns that did not exist a few years ago?
AI has exploded onto the political scene, as it has in nearly every other area of life. During this election cycle, we are seeing AI-generated advertisements that depict candidates saying damaging things they never actually said. The images can look like authentic video, and the voices can sound real. That can create serious confusion for voters.
One helpful development is that Michigan and many other states have enacted laws requiring disclosures when political advertisements use artificial intelligence. A disclaimer might state that an advertisement was created in whole or in part using AI. But a label alone may not solve the problem. Some people will see an advertisement without noticing the disclaimer.
Researchers also have identified a phenomenon known as false memories, in which people may retain a negative impression of someone even if they cannot later recall where that impression came from. For example, someone might see an AI-generated video depicting a candidate laughing callously at voters. Months later, that person might still have a negative impression of the candidate without remembering the video even though they knew at the time that it was fabricated.
We still need to determine how best to regulate AI in campaign advertising and what legal remedies should be available when it is used to deceive voters.
After spending much of your career in the justice system, what do you wish more voters understood about American elections, particularly the midterms?
I think our election system has a great deal of integrity. As I mentioned, it is highly decentralized. Even within Michigan, elections are administered locally by city and township clerks. That means a problem in one location is generally limited to that location rather than affecting the entire system. It is similar to the way computer and security systems are designed to isolate problems.
Our election system also incorporates redundancies and checks and balances. In Michigan, bipartisan election workers participate in important steps of the process, including operating voting equipment and handling ballots, helping ensure accountability. The system is designed to make sure votes are counted accurately and elections are conducted fairly and securely. Voters should be able to participate with confidence that the outcome will reflect the will of the people.
What election-related issues will you be watching most closely as Election Day approaches?
I am concerned about some of the statements President Trump has made, including his comments about regretting that he did not seize voting machines after the 2020 election. We also know that the Department of Justice sends election observers to certain locations. That is not unusual. When I served as U.S. attorney, we sent observers to monitor compliance with voting rights laws, including accessibility for people with mobility impairments and language assistance for voters whose first language was not English.
This time, I am concerned about whether federal oversight could create obstacles for some voters, including through challenges related to citizenship or other eligibility questions. At the same time, election observers and inspectors will be present to help ensure that voters can cast their ballots in accordance with the law.
