Mark Elias has stated that the Trump administration has lost over 23 cases in court regarding election litigation.
Posted by Deadline: White House, Checked
- Sources
- 4 support
- Said
- 1 time·
- Confidence
- 68%
Deadline: White HouseSep 7, 2026
Elias's own posts and podcast remarks, as reported in the sources, say the DOJ has lost more than 23 consecutive voter-roll cases (25 by Sept 23, 27 by Oct 24), so the claim that he stated it is supported.
The host relays this claim without endorsing it. It counts as passed on, not against the post.
This claim is about the present, so it is judged as of the day it was checked.
What was said
… I mean, these are lies that are sort of like, how bad are they? They're so bad Fox told their anchors not to cover them. What is your sense of how much the, the, the lie has sort of seeped in to the point where there'll be any legal victories for them? I mean, Mark Elias keeps saying they're over 23 in the courts, or is your concern more on, like, the political violence and chaos side? I think that, I think that Mark is right, that when it's actually litigated, that they lose, but I have sort of two words for you: Fulton County. …
Deadline: White House · · from the transcriptPost →What we found
Supports. Elias's X post of Oct 24, 2026 announced the Trump administration's voter-roll campaign suffered its 27th consecutive district court loss.[3]
Supports. A Sept 23, 2026 Elias podcast episode is titled '25 Losses and Counting for Trump DOJ', describing a 25th consecutive loss in the DOJ's bid for sensitive voter data.[4]
Supports. Reuters reported on Aug 7 that the administration's streak of courtroom defeats over state voter rolls reached 21, and Brennan Center figures cited by Forbes put the DOJ at zero for 26 in decided voter-list cases by Oct 16.[1][2]
Context. The sources' counts concern DOJ demands for voter rolls and other election actions, so the claim's 'election litigation' is a broader framing of the same record; the post's 'over 23' fits Elias's later tallies.[2][3][4]
Sources
4 sources: 1 fact-checker, 1 tier 2, 2 not rated
- 1Trump loses 21 straight court battles for state voter rolls as midterms nearreuters.com · fact-checker · cited for: supports
- 2Is The US Department Of Justice Creating A Constitutional Crisis?forbes.com · tier 2 · cited for: supports, context
- 3Marc E. Elias (@marceelias) on Xx.com · not rated · cited for: supports, context
- 4Defending Democracy with Marc Elias - iHeartiheart.com · not rated · cited for: supports, context
Where this claim was made
Said in 1 published post
Related claims
- The Trump administration has sued 30 states for their voter lists and has lost 23 of the cases and won none.True
- Mark Elias's law firm is currently litigating 87 cases in 43 states.True
- The Trump administration has lost 26 lawsuits seeking un-rejected voter rolls from states.True
- The Trump campaign brought 60 lawsuits regarding the 2020 election, losing or withdrawing all but one.True
- Donald Trump had a record of 0 wins and 64 losses in state court cases challenging the 2020 election results.Mixed