Transcript: David Becker on "Face the Nation with Margaret Brennan," Nov. 1, 2026

Key points

• David Becker said close elections may take days to call, and that is normal.
• Alaska's Republican-led state government urged a federal judge to dismiss the DOJ lawsuit over ballot confusion.
• More than 53 million ballots have already been cast nationwide, with record midterm turnout possible.

David Becker, CBS News election law contributor and executive director of the Center for Election Innovation and Research, said on "Face the Nation with Margaret Brennan" on Nov. 1, 2026, that close elections could take days to call. He said election officials in every county will work all night, but the biggest variable is how close the races are.

Becker said that when elections are really close, officials need more ballots before they can say the second-place candidate cannot win. He cited Alaska as an example, where remote voting and a different time zone could mean several days of counting. He said Republican and Democratic observers are watching the process at all times.

Alaska lawsuit and ranked choice voting

Becker said Alaska's Republican-led state government urged a federal judge to dismiss the Justice Department lawsuit seeking to stop certification of a possible Democratic win. He said Alaska's courts, including its Supreme Court, have ruled that both Dan Sullivans can be on the ballot.

Becker said the Alaska Division of Elections, run by the Republican lieutenant governor, has done a good job making the ballot as clear as possible. He said that even if a voter ranked both Dan Sullivans first and second, those votes would go to the candidate with the most support by the second round. He said it is good to see Alaska's Republican governor and lieutenant governor defending the state's sovereignty over elections.

That's normal. And everything that's going on in the election offices all over the country is under observation.

— David Becker

Turnout and last-minute litigation

Becker said more than 53 million ballots had already been cast nationwide as of the interview. He said the record for a midterm election is 118 million ballots, and that a record turnout is highly possible. In Texas, he said 7.7 million ballots had been cast, just over 600,000 short of the state's midterm record.

Becker said the Justice Department has brought last-minute lawsuits alleging problems with voter lists and the process, but courts are rejecting them, including judges appointed by President Trump. He said the administration appears to be running out of gas in its effort to sow confusion, and that election officials are holding firm.