The Coming Collision Between The Regime And The States
Trump has made it inevitable
This year, states are preparing for something that should not be happening in the United States: a direct conflict with the federal government over how elections are run.
Secretaries of state, attorneys general, and local officials are actively preparing for interference before voting even begins. That includes concerns about access to voter data, the presence of ICE agents near polling places, the possible use of federalized National Guard units or troops, and even attempts to seize ballots or disrupt their handling.
In past election cycles, planning focused on turnout, equipment reliability, and cybersecurity. Now, planning includes how to respond if federal officials insert themselves into the process in a manner that is unlawful or coercive. That alone says a great deal about where things stand.
Under the Constitution, elections are run by the states. The federal government has a limited role, mostly tied to enforcing protections and funding aspects of election infrastructure. It does not manage voter rolls, it does not control ballot access, and it does not administer polling places. When this regime tries to assert control in those areas, it creates a direct conflict over authority that the system is not designed to manage.
That conflict is already underway. There have been threats to withhold federal funding and other forms of pressure that go beyond legal boundaries. They are explicit attempts to influence how states carry out their responsibilities, and they violate the law.
Trump and his allies have also been clear about their broader objective: to shape the way in which the election is conducted. That does not require changing votes directly. It can be done by creating uncertainty, or making voters question whether it is safe or worthwhile to participate. Even a small reduction in turnout, if it is unevenly distributed, can change outcomes.
States are responding in practical ways. They are strengthening chain-of-custody procedures for ballots, limiting unnecessary access to voter data, and preparing legal filings in advance so they can move quickly if federal actions cross the line.
Coordination with local law enforcement has also increased, particularly around polling locations and ballot storage sites. Some district attorneys have even vowed that federal agents who engage in voter intimidation or attempt to interfere with lawful election activity will be subject to arrest.
That position demonstrates how serious the situation has become. It also raises the possibility of direct confrontations between different levels of government.
At the same time, the system still depends on routine actions carried out at the local level. Poll workers checking voters in, volunteers managing lines, county officials certifying results—these are the places where elections happen. If those processes continue without disruption, the system can still function.
Public trust remains a key variable. At the moment, distrust is not found in both parties. It is more pronounced among Republican voters, many of whom have been told repeatedly that the system is unreliable. That creates a situation where the more distrust is engendered, the more it may discourage participation among the same voters it is meant to mobilize.
State officials are not assuming that dynamic will resolve itself. Their preparations reflect a recognition that the threat is real and imminent, and that they may have to operate under sustained pressure. The goal is not to eliminate risk entirely, which is not possible, but to contain it and preserve the lawful process.
The courts will inevitably be drawn into this. They will be asked to decide where federal authority ends and state authority begins, under tight deadlines. Those decisions will shape how much room states have to resist or adapt to federal actions.
If the courts enforce existing limits, the system will hold, even if it is strained. If they do not, and interference is allowed to proceed, the implications will be clear. It would mean that the lawful jurisdiction over elections is no longer being upheld in practice.
At that point, the outcome will depend less on legal structure and more on public behavior. Whether people choose to vote, even under uncertain conditions, will determine how much of the system continues to function as intended.
The responsibility for voters is straightforward. Participate in the election, assist others in doing the same, and do not assume that someone else will carry that burden. The process still works if people use it.
The next few months will show whether that remains the case. If the elections are successfully subverted and people fail to take to the streets, many Americans will have demonstrated that they are not worthy of the democratic republic we were granted 250 years ago. And for the rest of us, the consequences will be too awful to contemplate.


LOL
We are living in the most fucked-up, deeply dangerous times. It’s difficult to tell how much of the general public is aware of what’s going on. And there are days like today, when this is the first time I’ve even looked at Substack because I just get too upset. I’m deeply empathic, and I can’t spend all of my time furious and devastated. Then they steal my life, and they win. The only other thing I’m probably going to read is Jess Craven‘s weekly Extra, Extra column, which always gives me some hope. Thanks for your objective analysis, as always, Mark.