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Election Day 2026: Courts Settle Last Disputes as Polls Begin Closing at 6 p.m.

With more than 57 million early ballots already cast, late court rulings on California mail ballots and federal voter lists set the final ground rules. Here is what to expect tonight.

A white ballot box sitting on a table

Voters across the country are casting the final ballots of the 2026 midterm elections, with control of the House and Senate and governor’s races in 36 states on the line. As the afternoon wears on, here is a neutral look at where turnout stands, how last-minute court fights were resolved, and when results may start to arrive. For an overview of what is on the ballot, see our morning report, Midterm Election Day 2026: What’s on the Ballot and How to Find Official Info.

Turnout so far

More than 57 million early votes had been cast nationwide as of Monday afternoon, according to the University of Florida Election Lab, as reported by ABC News. That puts early voting on pace to exceed the more than 58 million early votes cast in 2022. Fox News, citing the Associated Press, reported a total of more than 54 million early ballots in an earlier count.

It is also an expensive cycle. OpenSecrets projects about $12 billion in federal spending for 2025-2026, which would make it the most expensive federal midterm on record, ABC reported.

What is at stake

Republicans currently hold the Senate 53-47, and Democrats would need a net gain of four seats to win a majority, according to Yahoo Finance. Fox News highlighted several closely watched Senate races, including Texas (Republican Ken Paxton and Democrat James Talarico), Michigan (Republican Mike Rogers and Democrat Abdul El-Sayed) and South Carolina (Republican Darline Graham and Democrat Annie Andrews). Governor’s races in states including Arizona, Georgia, Ohio, Iowa, Nevada and Wisconsin are also being watched closely, Fox reported.

Both parties spent the final days urging supporters to vote. Republican leaders, including Republican National Committee Chair Joe Gruters, told Fox News that turnout will decide the outcome, while Fox also reported that public polls suggest Democratic voters are especially motivated this year.

Courts set the final ground rules

Several legal disputes over voter eligibility were settled in the days before Election Day.

  • California mail ballots: The Justice Department asked courts to require California to set aside mail ballots tied to about 20,000 registered voters it suspects are not U.S. citizens. California officials disputed the list, saying it includes people who appear to be citizens, according to Straight Arrow News. A federal appeals court rejected the request in a 2-1 decision on October 26, and the U.S. Supreme Court then declined the department’s request in an unsigned order with no public dissents, according to a New York Times report summarized by Just Security.
  • Federal voter lists: A federal judge temporarily barred the Justice Department and the Department of Homeland Security from sending states lists of voters the administration says may not be citizens, Reuters reported, as summarized by Just Security.
  • Ballot screening: Another federal judge denied a request from Democrats to bar the administration from pressuring states over the screening of incoming ballots, the New York Times reported.

The administration has said these efforts are aimed at making sure only eligible citizens vote. State officials and Democrats who challenged them have argued the federal data is unreliable and could wrongly flag eligible voters. Both arguments will likely continue after tonight, since many post-election steps, including audits, happen in the days ahead. Votebeat notes that officials in all 50 states conduct post-election audits to check that results are accurate.

When results will come in

According to Fox News, the first polls close at 6 p.m. Eastern in parts of Indiana and Kentucky, with more states closing at 7 p.m. Eastern and later. Results will arrive in waves, and some races may not be called tonight. In Arizona, for example, Votebeat reports the first batch of results is expected around 8 p.m. local time, but complete results typically take days. Alaska uses ranked-choice voting, which can also extend counting.

Polling hours and rules differ by state, and in some flood-hit areas of the Southwest, officials have arranged alternate voting options, as we reported in Record Southwest Floods Force Evacuations, Change Election Day Voting. If you have not voted yet, check your state or local election office through Vote.gov for your polling place and hours. If you are in line when polls close, ask a poll worker about your state’s rules.

Why it matters for families

Midterms decide who writes the laws on issues families care about, from taxes and health care to schools and prices. Watching results together can be a teaching moment for children: explain that counting carefully takes time, that close races are normal, and that results become official only after certification. A patient, respectful approach to election night models good citizenship, whatever the outcome.

What to watch tonight

Watch for early returns from Indiana and Kentucky, the Senate races in Texas and Michigan, and how quickly large states report. Upstormed News will publish results in tomorrow’s Morning Briefing and will follow any close races as counting continues.

Read more: Interfaith poll chaplains offer calm at polling places on Election Day 2026

Did you vote today? How long did it take at your polling place? Tell us in the comments.

Sources: ABC News, “Election 2026 live updates: Americans cast their votes” (November 3, 2026); Fox News, “Election Day 2026: Top midterm election races to watch, coverage, analysis and more” (November 3, 2026); Just Security, “Early Edition: November 3, 2026” (November 3, 2026); Straight Arrow News, “Appeals court rejects Trump administration push to set aside 20,000 California mail ballots” (October 27, 2026); Votebeat, “Election 2026: The latest updates on Justice Department monitors and problems at the polls” (November 3, 2026); Yahoo Finance, “Stock market today: Dow, S&P 500, Nasdaq waver ahead of midterm election results, AMD earnings” (November 3, 2026); Vote.gov (accessed November 3, 2026)

About the author: Jonathan Anthony Burkett is the founder of Upstormed News and Upstormed Inc, an author and songwriter. Meet our team · Our editorial standards · Report a correction

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