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Midterm elections live updates: Justice Department asks SCOTUS to block CA from counting disputed ballots

The DOJ filed the appeal one day before ballot counting begins in California.

Last Updated: November 2, 2026, 3:09 PM EST

The high-stakes midterm elections are a day away, and candidates are making their final pitches to voters.

There are several key House and Senate races that could determine the balance of power in Congress as well as significant races for governor around the country. The elections could ultimately determine how effective President Donald Trump's agenda is in the back half of his second term.

2 hours and 52 minutes ago

Justice Department asks SCOTUS to block CA from counting disputed ballots

One day before ballot counting begins in California, the DOJ has filed a last-minute appeal with the U.S. Supreme Court seeking an injunction ordering the segregation of 20,000 ballots from suspected noncitizen voters.

The U.S. Supreme Court Building stands, October 5, 2026 in Washington.
Finn Gomez/Getty Images

Solicitor General John Sauer reiterates the familiar arguments about the need to investigate -- writing, "California and the United States disagree about the likely unlawfulness of the ballots at issue. These dueling allegations can and should be investigated. In the meantime, however, an interim injunction is necessary to preserve the relative positions of the parties until a trial on the merits can be held. To that end, the Court should issue a limited injunction directing California to stop commingling suspected illegal ballots with legal ones pending completion of the United States’ appeal to the Ninth Circuit and further review in this Court."


The high court will likely ask for a response from the state but it remains unclear -- if not unlikely -- that the justices will act on this.

-ABC News' Devin Dwyer

3 hours and 22 minutes ago

Trump says he'll become 'Mr. Veto' if Dems gain control of Congress

Appearing on a New York Post podcast, Pod Force One, which was taped on Friday, President Donald Trump said he would be "Mr. Veto" if Democrats were to regain control of Congress.

Asked if he would be able to "work to Democrats" if they win the majority in Congress, Trump responded, "Well, if that happens, I guess I'll become Mr. Veto."

"I'm not gonna let them -- And then at some point, we'll probably make deals. That's what's happened. I mean, this is this wouldn't be the first time you'll have a president, and he won't have the House or the Senate, they'll be sending stuff up. You veto it, and eventually, after a month or two of getting all vetoed, you know, it's waste. They just waste. They come over and you make a deal. I think that probably would happen, but hopefully, we don't have to worry about that," the president said.

Earlier in the interview, Trump also noted his veto power.

"Look, if we didn't win, I think we're going to do great. But if we didn't win, I veto everything. I'll be vetoing, vetoing. Then they'll come along, and we'll probably make some deals along the way. But it wouldn't be as good,” he said.

Trump acknowledged that the president's party usually loses seats in midterm elections, but highlighted his intense travel schedule leading up to the midterms.

"When you are president, Republican or Democrat, good or bad, they don't do well at midterms. I don't know why. Doesn't make sense. Never made sense, and we'll see how we do. But I've never worked the midterms like I have this one," Trump said.

President Donald Trump speaks on stage during a campaign rally, October 28, 2026 in Chillicothe, Ohio.
Kent Nishimura/AFP via Getty Images

-ABC News' Lalee Ibssa

12:11 PM EST

Bill Clinton endorses Keisha Lance Bottoms in new video

Former President Bill Clinton endorsed Democratic nominee Keisha Lance Bottoms in a new video ad released by her campaign Monday morning, one day before Election Day in Georgia's toss-up governor's race.

"I hope you'll cast your vote for my friend, Keisha Lance Bottoms, as your next governor," Clinton says in the direct-to-camera ad.

People wave signs during a rally with former President Barack Obama, Democratic Senator Jon Ossoff and Democratic gubernatorial nominee Keisha Lance Bottoms in Morrow, Georgia, October 28, 2026.
Edgar Su/Reuters

"I know a little something about what a governor can do to create opportunity, invest in education, and stand up for families. Keisha is the leader Georgians need to stand up and fight for them and produce results," said Clinton, the former Democratic governor of another southern state -- Arkansas.

Another former president, Barack Obama, has supported Lance Bottoms as well. Obama campaigned with Lance Bottoms and Democratic Senate candidate Jon Ossoff in Morrow, Georgia, last week.

Former President Barack Obama, Democratic Senator Jon Ossoff, and Democratic gubernatorial nominee Keisha Lance Bottoms hold a rally ahead of the midterm elections in Morrow, Georgia, October 28, 2026.
Edgar Su/Reuters

-ABC News' Halle Troadec

11:47 AM EST

Speaker Johnson to visit Texas on Election Day

As Speaker of the House Mike Johnson crisscrosses the nation ahead of the critical midterm election, one of his last stops is set to be in Texas on Election Day.

Speaker Mike Johnson arrives for a news conference with U.S. Rep. Mike Lawler in Orangeburg, N.Y., Oct. 27, 2026.
Seth Wenig/AP Photo

Johnson will participate in a get out the vote stop in McAllen, Texas, on Tuesday morning with Republican Reps. Monica De La Cruz (TX-15) Eric Flores (TC-34) and Tano Tijerina (TX-28), according to a campaign press release.

McAllen is located at the southern tip of Texas in the Rio Grande Valley, right at the U.S.-Mexico border in Hidalgo County. The county was considered a longtime Democratic stronghold, but swung for President Donald Trump in 2024. It is also overwhelmingly Hispanic/Latino -- a group that Democrats are hopeful in winning back this election cycle.

Despite Republican-favored redistricting intended to deliver the GOP five additional House seats in the state of Texas, dissatisfaction with the current political environment could undermine this strategy. The Republican candidates expected to join Johnson tomorrow are facing tougher-than-expected congressional races.

-ABC News' Lauren Peller and Emily Chang

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