A handful of Democratic senators in vulnerable election contests in November could decide whether there’s an impeachment trial for Department of Homeland Security Secretary Alejandro Mayorkas.

“We have to look at the impeachment documents first,” Sen. Jon Tester, D-Mont., told reporters Tuesday in a departure from his previous suggestion the impeachment amounted to “political games.”

The Montana Democrat is in the throes of arguably the most competitive Senate election matchup in 2024. He is expected to face former Navy SEAL Tim Sheehy. The race is one of four “toss-ups,” according to leading non-partisan political handicapper The Cook Political Report. 

Sen. Bob Casey, D-Pa., also left his options open for how he would vote if Democrats seek a quick procedural off-ramp for the trial, which Republicans expect.

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“We’ll see what transpires from there, once being sworn in,” Casey told Fox News Digital. “I don’t think anyone knows what will transpire.”

Casey faces a significant challenge in the battleground state of Pennsylvania, where the likely Republican nominee is Dave McCormick, a former hedge fund executive and combat veteran. The Cook Political Report has the contest rated “lean Democratic.” 

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In keeping with their fellow vulnerable colleagues, senators Tammy Baldwin, D-Wis., and Sherrod Brown, D-Ohio, each avoided saying what they plan to do if a motion to table the impeachment trial is put forward.

“I am not as convinced as you are that the question before the Senate will be a tabling question. I know the press is saying that. I have not heard that,” Baldwin told Fox News Digital. 

Jon Tester, Alejandro Mayorkas, and Tammy Baldwin

Numerous Democrats recently shared their expectations with Fox News Digital that their caucus will look to quickly dismiss the impeachment trial via a procedural maneuver. Senate Republicans have also accused Senate Majority Leader Chuck Schumer, D-N.Y., of planning to do so. However, Schumer has given no indication about his plans for an impeachment trial. 

“They still haven’t sent anything over. How do you know they’re going to?” Brown asked, referencing the House.

Speaker Mike Johnson, R-La., decided Tuesday to delay sending impeachment articles against Mayorkas to Schumer until next week. He did so at the request of several GOP senators who did not want the impeachment trial proceedings to take place at the end of the week, when senators will be heading home. 

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“Why don’t we actually do something on the border instead of waiting for the dysfunctional House to send over impeachment articles for the first time in 100 years?” Brown asked. Similar to Tester, Brown is embroiled in a “toss-up” race against Trump-endorsed GOP nominee Bernie Moreno.

Sen. Sherrod Brown, D-Ohio

Baldwin’s matchup, like Casey’s, is considered “lean Democratic.” The frontrunner for the GOP nomination in Wisconsin is businessman Eric Hovde.

Sen. Jacky Rosen, D-Nev., told Fox News Digital she wants to see the impeachment trial dismissed. 

“We should dismiss this,” she said Wednesday. 

Rosen’s race was recently moved from “lean Democratic” to “toss-up” by the political handicapper, illustrating the pivotal role swing state Nevada figures to play in November. The Republican primary in Nevada has yet to take place, but the frontrunner, who has the blessing of GOP Senate leaders, is Army veteran Captain Sam Brown.

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Several of the vulnerable Democrats pointed to a bipartisan border package that had been recently negotiated by senators Chris Murphy, D-Conn., James Lankford, R-Okla, and Kyrsten Sinema, I-Ariz., earlier this year. The measure quickly lost steam after former President Trump came out against it. 

“That would have solved a lot of the problems on our border,” Rosen told Fox News Digital. 

Democratic Sen. Jacky Rosen and war veteran Sam Brown

“We have the legislation there that would fix these problems,” she said. “You don’t impeach. We are a legislative body.”

“The law would hire — we’d be able to hire thousands more Border Patrol agents and do a much better job at stopping fentanyl at the border. So, we should get that done,” said Casey. 

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However, Republicans argued at the time that the negotiated package didn’t go far enough and included harmful provisions. 

While its unclear what some of the Democrats in tough re-election battles will do once the impeachment articles against Mayorkas are delivered, there are also questions on the Republican side.

Republican Utah Sen. Mitt Romney

Sen. Mitt Romney, R-Utah, told reporters Tuesday “a high crime or misdemeanor has not been alleged, and the standard has not been met for a conviction.

“I don’t know that you want to go on for several weeks pointing out the obvious, which is that the border is a disaster. Secretary Mayorkas is following the position of his party and of the president who was elected.”

Sen. Susan Collins, R-Maine, refused to indicate what action she would take. 

“I’m going to be sworn in as a juror. The role of senators is both juror and judge. And, thus, I don’t comment on how I am going to vote until it occurs,” she explained. 

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

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