Public Trust Tracker

ELX-001 · Elections · Voting rules

Executive order restricting mail voting through the Postal Service

Stage 4 of 5: Legal action · Lawsuits, subpoenas, charges · Last development 14 Sep 2026

In March 2026 President Trump signed an executive order directing the Department of Homeland Security to build state lists of adult citizens, the Postal Service to obtain lists of eligible mail voters from states and deliver mail ballots only to people on them, and election officials to put set barcodes on ballot envelopes. The Postal Service then issued a final rule. Twenty-three mainly Democratic-led states and DC sued, and 12 Republican-led states backed the administration. On 14 September the Supreme Court left in place an injunction that blocks the Postal Service rule for the 3 November election.

Blocked for 2026 mainly on timing. Courts have not issued a final ruling on whether the order is lawful, which matters for 2028.

People
Donald Trump, U.S. Postal Service, Department of Homeland Security
Reviewed by
Federal courts, Democratic state attorneys general (23 states and DC)

Timeline

  1. Supreme Court leaves in place the injunction against the Postal Service rule for the midterms; Justice Kavanaugh writes that officials lack time to implement it. [3]

  2. After the Postal Service publishes its final rule, Talwani blocks implementation again. [2]

  3. Supreme Court, 6 to 3, pauses the June ruling on procedural grounds, without deciding whether the order is legal. [1]

  4. Talwani issues a separate nationwide ruling blocking the Postal Service from following the order. [1]

  5. Judge Indira Talwani rules the President overstepped his authority and blocks key parts of the order in the 23 states and DC that sued. [1]

  6. Trump signs the executive order on mail voting. [1]

Responses

  • Donald Trump: Says the order is meant to stop illegal voting by noncitizens. [1]
  • Justice Samuel Alito (dissent, joined by Thomas): Argued the Postal Service has broad authority to regulate the mail and blamed the states for the time pressure. [3]

Sources

  1. NPR, 24 Aug 2026
  2. AP via PBS, 28 Aug 2026
  3. Council on Foreign Relations, 2 Oct 2026

Cite this case

Public Trust Tracker. "Executive order restricting mail voting through the Postal Service" (ELX-001). Last updated 14 Sep 2026. https://publictrusttracker.org/case/elx-001-executive-order-restricting-mail-voting-through-the-postal/

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