Overview
A new report from Demand Justice finds that 53 of the 60 battleground races this November are in districts or states presided over by at least one Trump-appointed federal judge who, under oath, refused to admit that Donald Trump lost the 2020 election.
The danger is clear: if the Trump Administration challenges the outcomes of any of these U.S. Senate or U.S. House races that determine control of Congress in court, the presiding judge could be an individual who refused to tell the truth about the 2020 election. As The New York Times reported this weekend: “Mr. Trump’s longstanding attacks on the integrity of voting systems are crystallizing into what many election officials and Democrats fear is an attempt to lay the groundwork to challenge the results in November.”
This report, for the first time, reveals the extent to which any effort by the Trump administration to undermine certain elections could extend to the federal courts.
The Background
Last November, Demand Justice identified a troubling pattern among Trump’s second-term federal judicial nominees (“Trump II judges”): not one answered honestly under oath when asked whether Donald Trump lost the 2020 election to Joe Biden. As the report¹ found:
“These judges provided near-identical phrasing to avoid a direct answer about the 2020 election, instead referencing the results of the Congressional ‘certification’ process, refusing to address the popular vote, or noting that President Biden ‘served’ as President. One noted that Biden won ‘as a matter of law.’ What’s striking is that not a single nominee could answer the question plainly: Joe Biden won the election.”
In addition, all Trump nominees have been dishonest under oath about the January 6th attack on the Capitol.
“I was not present at the U.S. Capitol at the time. I do not have personal knowledge of the details” – Then-nominee Maria Lanahan (Eastern District of Missouri) said when asked about January 6th
One year later, as control over two houses of Congress hangs in the balance, there are now 56 confirmed federal judges who demonstrated loyalty to Trump by covering for his lie about the 2020 election. Twenty-nine battleground races have one of these 56 judges on the district court itself, while 38 of them could face a Trump II judge on appeal.
Courts That Stopped Trump in 2020 Now Look Very Different
By and large, federal judges halted Trump’s attempt to challenge the 2020 election results. One of Trump’s Pennsylvania cases started in the Middle District of Pennsylvania and was appealed to the Third Circuit, where a panel led by a first-term Trump appointee wrote that “calling an election unfair does not make it so.”² One of its Wisconsin cases began in the Eastern District of Wisconsin and was taken up by the Seventh Circuit on appeal.³ The suit to decertify Michigan’s results was dismissed in the Eastern District of Michigan.⁴ The Arizona suit was dismissed in the District of Arizona.⁵ Trump and his allies lost these cases—none succeeded in proving election fraud and none invalidated the election results.
Since then, Trump appointed Emil Bove and Jennifer Mascott to the Third Circuit, Rebecca Taibleson to the Seventh, Michael Martin to the Eastern District of Michigan, and Eric Tung to the Ninth Circuit, which hears appeals from Arizona. Each of them refused to say, under oath, that Trump lost in 2020.
How We Counted
Nominees: The analysis covers confirmed Article III judges from President Trump’s second term, whose written answers to the Senate Judiciary Committee’s questions for the record have been reviewed by Demand Justice as of October 23, 2026. Full responses are posted at demandjustice.org/judicialreport.
Races: We included every Senate and House contest rated Toss Up, Lean Democrat, or Lean Republican by the Cook Political Report as of October 23, 2026. ⁶
Jurisdiction: A judge is counted as having jurisdiction over a race if the judge sits on the federal district court covering any part of the district or state, or on the appeals court for the circuit that includes it. The rule is applied uniformly: a circuit judge covers every state in the circuit. The names of confirmed Trump II district judges are provided when they sit on a district court with jurisdiction over any part of the relevant state or congressional district. The names of confirmed Trump II circuit judges are provided when they sit on the court of appeals with jurisdiction over the state in question. Only judges confirmed by the Senate are counted; pending nominees are excluded.
1 Demand Justice, A Pattern of Dishonesty and Evasion (September 29, 2026).
2 Donald J. Trump for President, Inc. v. Secretary of Pennsylvania, No. 20-3371 (3d Cir. Nov. 27, 2020).
3 Trump v. Wisconsin Elections Commission, No. 20-3414 (7th Cir. Dec. 24, 2020).
4 King v. Whitmer, No. 20-13134 (E.D. Mich. Aug. 21, 2021).
5 Bowyer v. Ducey, No. 20-02321 (D. Ariz. Dec. 9, 2020).
6 Cook Political Report, 2026 CPR Senate Race Ratings (last visited Oct. 20, 2026); Cook Political Report, 2026 CPR House Race Ratings (last visited Oct. 23, 2026).
Appendix A
All 53 Battleground Races With The Trump II Judges Who Have Jurisdiction
The Verbatim Answers Of All 37 Trump II Judges Are In Appendix B.
| RACE | COOK RATING | CIRCUIT | DISTRICT COURT(S) |
|---|---|---|---|
| AK Senate | Toss Up | 9th Cir.: Tung (1) | D. Alaska: Peterson (1) |
| AK-AL | Lean R | 9th Cir.: Tung (1) | D. Alaska: Peterson (1) |
| AL-02 | Lean R | – | M.D. Ala.: Lewis, Jr. (1) |
| AZ-01 | Lean D | 9th Cir.: Tung (1) | – |
| AZ-02 | Lean R | 9th Cir.: Tung (1) | – |
| AZ-06 | Lean D | 9th Cir.: Tung (1) | – |
| CA-22 | Toss Up | 9th Cir.: Tung (1) | – |
| CA-48 | Lean D | 9th Cir.: Tung (1) | – |
| FL-13 | Lean R | – | M.D. Fla.: Dudek, Moe, Pratt (3) |
| FL-14 | Toss Up | – | M.D. Fla.: Dudek, Moe, Pratt (3) |
| FL-22 | Toss Up | – | M.D. Fla.: Dudek, Moe, Pratt (3) S.D. Fla.: Artau, Kuntz (2) |
| FL-25 | Lean D | – | S.D. Fla.: Artau, Kuntz (2) |
| FL-27 | Lean R | – | S.D. Fla.: Artau, Kuntz (2) |
| IA Senate | Toss Up | 8th Cir.: Smith, Traynor (2) | – |
| IA-01 | Lean D | 8th Cir.: Smith, Traynor (2) | – |
| IA-02 | Toss Up | 8th Cir.: Smith, Traynor (2) | – |
| IA-03 | Lean D | 8th Cir.: Smith, Traynor (2) | – |
| KS Senate | Toss Up | – | D. Kan.: Kuhlman, Mattivi, Powell (3) |
| KY-06 | Toss Up | 6th Cir.: Hermandorfer, Flowers (2) | E.D. Ky.: Meredith (1) |
| ME Senate | Toss Up | 1st Cir.: Dunlap (1) | – |
| ME-02 | Lean R | 1st Cir.: Dunlap (1) | – |
| MI Senate | Toss Up | 6th Cir.: Hermandorfer, Flowers (2) | E.D. Mich.: Martin (1) |
| MI-04 | Toss Up | 6th Cir.: Hermandorfer, Flowers (2) | – |
| MI-07 | Toss Up | 6th Cir.: Hermandorfer, Flowers (2) | E.D. Mich.: Martin (1) |
| MI-10 | Toss Up | 6th Cir.: Hermandorfer, Flowers (2) | E.D. Mich.: Martin (1) |
| MN Senate | Lean D | 8th Cir.: Smith, Traynor (2) | – |
| MN-01 | Lean R | 8th Cir.: Smith, Traynor (2) | – |
| MT-01 | Toss Up | 9th Cir.: Tung (1) | D. Mont.: Mercer, Lane (2) |
| NC-11 | Lean D | – | W.D. N.C.: Orso, Rodriguez (2) |
| NH Senate | Lean D | 1st Cir.: Dunlap (1) | – |
| NJ-07 | Lean D | 3d Cir.: Bove, Mascott (2) | – |
| NV-02 | Lean R | 9th Cir.: Tung (1) | – |
| NY-17 | Toss Up | 2d Cir.: Schwartz (1) | – |
| NY-21 | Lean R | 2d Cir.: Schwartz (1) | – |
| OH Senate | Toss Up | 6th Cir.: Hermandorfer, Flowers (2) | N.D. Ohio: Hendershot (1) S.D. Ohio: Byrne (1) |
| OH-07 | Toss Up | 6th Cir.: Hermandorfer, Flowers (2) | N.D. Ohio: Hendershot (1) |
| OH-09 | Toss Up | 6th Cir.: Hermandorfer, Flowers (2) | N.D. Ohio: Hendershot (1) |
| OH-10 | Lean R | 6th Cir.: Hermandorfer, Flowers (2) | S.D. Ohio: Byrne (1) |
| OH-15 | Lean R | 6th Cir.: Hermandorfer, Flowers (2) | S.D. Ohio: Byrne (1) |
| PA-01 | Lean R | 3d Cir.: Bove, Mascott (2) | E.D. Pa.: Pozos (1) |
| PA-07 | Lean D | 3d Cir.: Bove, Mascott (2) | E.D. Pa.: Pozos (1) |
| PA-08 | Toss Up | 3d Cir.: Bove, Mascott (2) | – |
| PA-10 | Lean D | 3d Cir.: Bove, Mascott (2) | – |
| SC Senate | Lean R | – | D.S.C.: Clarke (1) |
| SC-01 | Lean R | – | D.S.C.: Clarke (1) |
| TX Senate | Toss Up | – | N.D. Tex.: Mitchell (1) S.D. Tex.: Colmenero, Ganjei, Jones, Marck (4) W.D. Tex.: Davis, Wolfe (2) |
| TX-15 | Toss Up | – | S.D. Tex.: Colmenero, Ganjei, Jones, Marck (4) W.D. Tex.: Davis, Wolfe (2) |
| TX-23 | Lean R | – | N.D. Tex.: Mitchell (1) W.D. Tex.: Davis, Wolfe (2) |
| TX-34 | Lean D | – | S.D. Tex.: Colmenero, Ganjei, Jones, Marck (4) |
| TX-35 | Toss Up | – | W.D. Tex.: Davis, Wolfe (2) |
| WA-03 | Lean D | 9th Cir.: Tung (1) | – |
| WI-01 | Lean R | 7th Cir.: Taibleson (1) | – |
| WI-03 | Lean D | 7th Cir.: Taibleson (1) | – |
Appendix B
All 37 Answers To “Did Donald Trump Lose The 2020 Election?”
Verbatim written answers from President Trump’s second-term Article III nominees to the Senate Judiciary Committee’s questions for the record, as compiled by Demand Justice. Full answers on January 6 are at demandjustice.org/judicialreport.
President Biden was certified as the winner of the 2020 presidential election and served as the 46th President of the United States. To the extent this question seeks to elicit an answer that could be taken as opining on the broader political debate regarding the conduct of the 2020 presidential election or on statements by any political figure, my response, consistent with the position of prior judicial nominees when asked questions regarding the 2020 election or political commentary, is that it would be improper to offer any such comment as a judicial nominee. See Code of Conduct U.S. Judges, Canon 3A(6); Canon 5.
President Biden was certified as the winner of the 2020 presidential election and served as the 46th President of the United States. To the extent this question seeks to elicit an answer that could be taken as opining on the broader political or policy debate regarding the conduct of the 2020 presidential election or on statements by any political figure, my response, consistent with the positions of prior judicial nominees when asked questions regarding the 2020 election, is that it would be improper to offer any such comment as a judicial nominee. See Code of Conduct of U.S. Judges, Canons 3(A)(6), 5
Joseph R. Biden was certified as the winner of the 2020 presidential election by a joint session of Congress after the counting of the Electoral College votes.
Joe Biden was certified the winner of the 2020 election.
Joe Biden was certified as the winner of the 2020 election.
Joe Biden was certified as the winner of the 2020 election.
President Biden was certified as the winner of the 2020 presidential election and served as the 46th President of the United States. There were various legal challenges to the results of the 2020 presidential election, and to the extent this question seeks to elicit a response about those matters or an opinion about the election in general, my answer is that it would be improper to offer any such comment as a current judicial officer. See Code of Conduct of U.S. Judges, Canons 3(A)(6), 5.
President Biden was certified as the winner of the 2020 presidential election and served as the 46th President of the United States. To the extent this question seeks to elicit an answer that could be taken as opining on the broader political or policy debate regarding the conduct of the 2020 presidential election or on statements by any political figure, it would be improper to offer any such comment as a judicial nominee. See Code of Conduct of U.S. Judges, Canons 3(A)(6), 5.
Joe Biden was certified the winner of the 2020 election. To the extent this question asks for my opinion about the existence or non-existence of fraud, election irregularities, or other matters pertaining to the fairness or integrity of the election, I agree with Justice Ketanji Brown Jackson who, in her responses to this Committee’s questions for the record pertaining to the 2016 and 2020 elections, explained that under the Code of Conduct for United States Judges, it is inappropriate for judicial nominees to comment on election results.
Joseph Robinette Biden, Jr. was certified the winner of the 2020 election.
Joseph Biden was certified as the winner of the 2020 presidential election and served as President of the United States. To the extent this question asks for my opinion about political debate or political commentary regarding that election, the Code of Conduct for United States Judges prevents me from answering further
President Biden was certified as the winner of the 2020 presidential election and served as the 46th President of the United States. To the extent this question seeks to elicit an answer that could be taken as opining on the broader political or policy debate regarding the conduct of the 2020 presidential election or on statements by any political figure, my response, consistent with the position of prior judicial nominees when asked questions regarding the 2020 election, is that it would be improper to offer any such comment as a judicial nominee. See Code of Conduct of U.S. Judges, Canons 3(A)(6), 5.
Congress certified Joseph Robinette Biden, Jr. as the winner of the 2020 election.
President Biden was certified as the winner of the 2020 presidential election.
Joseph R. Biden, Jr. was certified the winner of the 2020 Electoral College and, as a result, became the 46th President of the United States
Article II and the Twelfth Amendment of the Constitution prescribes that the President is elected by a vote of the electoral college and certification by Congress. Consistent with this constitutional process, President Biden was certified the winner of the 2020 election.
President Biden was certified as the victor of the Electoral College and served as the 46th President of the United States after taking the oath of office in January 2021.
Joseph Biden was certified as the winner of the 2020 election
As a matter of law, Joe Biden was the winner of the 2020 election
President Biden was certified the winner of the 2020 election. President Trump was certified the winner of the 2016 and 2024 elections.
President Biden was certified the winner of the 2020 presidential election and served as the 46th President.
Pursuant to Article II and the Twelfth Amendment, Congress certified President Biden as the victor of the 2020 election.
Joe Biden was certified as the winner of the 2020 presidential election and served as the 46th President of the United States
Based on the public certification of the votes of the state electors during the joint session of the 117th Congress, President Biden won the majority of the Electoral College votes and was sworn in and served as the 46th President of the United States. To the extent this question seeks to elicit an answer that could be taken as commenting on the broader political or policy debate regarding the 2020 presidential election or on statements by any political figure, my response, consistent with the position of prior judicial nominees when asked questions regarding the 2020 election, is that it would not be appropriate for me as a judicial nominee to offer any comment. See Code of Conduct of United States Judges, Canons 3 & 5.
Joseph Biden was certified as the winner of the 2020 presidential election. To the extent that this question could be reasonably construed as calling for my opinion on a political matter, consistent with the position of prior judicial nominees I will not offer such an opinion. See Code of Conduct of U.S. Judges, Canons 3(A)(6), 5.
President Biden was certified the winner of the 2020 election. President Trump was certified the winner of the 2016 and 2024 elections.
President Biden was certified as the winner of the 2020 presidential election and served as the 46th President of the United States.
President Biden was certified as the winner of the 2020 presidential election and served four years as President of the United States.
Under the process specified by the Constitution and federal law, Congress certified Joseph R. Biden as the winner of the 2020 election, and he served as the 46th President of the United States.
President Biden was certified as the winner of the Electoral College following the 2020 election, and that certification is the constitutionally prescribed process for prevailing in a presidential election. See U.S. Const., art. II, § 1; U.S. Const. amend. XII. To the extent that this question asks me to opine on political debates surrounding the 2020 election or the statements of political figures, I must refrain from doing so, consistent with the Code of Conduct for United States Judges and Florida’s Code of Judicial Conduct.
President Trump was not certified as the winner of the 2020 presidential election. To the extent this question seeks a response about legal matters or an opinion about the election, it would be impermissible for me to comment as a sitting U.S. Magistrate Judge under the Code of Conduct of U.S. Judges and its judicial cannons.
Congress certified President Biden as the winner of the 2020 presidential election. In keeping with the position of prior judicial nominees, it would be inappropriate for me to opine on political, policy, or legal debates regarding the integrity of any election, including the 2020 presidential election. See Code of Conduct for United States Judges, Canons 3(A)(6), 5.
Pursuant to the process set forth by the Constitution and federal law, President Biden was certified as the winner of the 2020 presidential election and served as the 46th President of the United States. President Trump was certified as the winner of the 2016 and 2024 elections.
President Biden was certified the winner of the 2020 election. President Trump was certified the winner of the 2016 and 2024 elections
President Biden was certified as the winner of the 2020 presidential election. He served as the 46th President of the United States. Insofar as this question asks my views on any legal issue relating to the 2020 election, I agree with Justice Ketanji Brown Jackson who stated in her Questions for the Record that judicial nominees should not comment on election results pursuant to the Code of Conduct for United States Judges.
President Biden was certified as having won the 2020 presidential election, and served as the 46th President of the United States.
President Biden was certified as the winner of the 2020 presidential election and served four years as President of the United States.