Federal Judge Refuses to Block Trump's Executive Order to Limit Mail Voting

Federal Judge Refuses to Block Trump's Executive Order to Limit Mail Voting

What will be the future of mail-in ballots?

Ashley Paredes
Ashley Paredes
May 28, 2026

A federal judge has refused to block Trump's Executive Order, which would limit mail voting and create voter lists, possibly changing the future of elections as the midterms approach in November.

U.S. District Judge Carl Nichols, a Trump appointee, rejected Wednesday requests by Democrats to block the order which they say should be found unconstitutional because the president does not have the power to set election rules, only the states and Congress do.

However, Nichols did not block the order, siding with the Trump administration in that it was too early to block the order since it has not been implemented yet.

“The Court recognizes that the Postal Service may ultimately issue a final rule that directly affects Plaintiffs or their members, or that the Government may develop State Citizenship Lists that omit specific individuals due to particularized flaws,” Nichols wrote. “Plaintiffs may, of course, renew their motions if and when those future actions occur. Until then, however, Plaintiffs cannot show that preliminary injunctive relief is warranted.”

A separate lawsuit is underway in Boston seeking to block the executive order.

The order, issued on March 31, calls for the Department of Homeland Security (DHS) and Social Security Administration (SSA) to create lists of adult U.S. citizens in each state and send those lists to state election officials. Additionally, it calls for the U.S. Postal Services to only send mail-in ballots to eligible voters.

"The Federal Government has an unavoidable duty under Article II of the Constitution of the United States to enforce Federal law, which includes preventing violations of Federal criminal law and maintaining public confidence in election outcomes.  To enhance election integrity via the United States Mail, additional measures are necessary," the order states.

Once the primaries are over nationwide, there could be a change seen to how the midterms are run in November.

 

 

Ashley Paredes

Ashley Paredes

Intern for Texas Politics and journalism student at the University of Texas at Austin

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