Supreme Court blocks Trump mail ballot restrictions before midterms
Supreme Court blocks Trump mail ballot restrictions citing inadequate time before midterms.
Event / Politics
Legal and policy developments regarding mail-in voting, election administration rules, and voting access under Trump administration actions and court responses.
2026-08-25 to 2026-11-05 · UTC publication dates
Coverage begins 25 Aug, 00:05 UTC
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Mail ballots are already being sent out in at least three states — Alabama, North Carolina and Wisconsin — and more states are preparing to distribute mail ballots in the coming week. Election officials state it would be impossible to implement the Postal Service regulation changes this close to the general election.
President Donald Trump issued an executive order earlier this year implementing new restrictions on mail balloting. The order led to new Postal Service regulations requiring all ballot envelope designs to be pre-approved by the Postal Service and requiring states to upload the identities of mail ballot recipients into an online portal.
The union representing U.S. Postal Service workers has pushed back against the executive order, stating that it is not the job of postal workers to verify voter eligibility.
The U.S. Supreme Court is currently considering the Trump administration's appeal of Judge Talwani's order prohibiting the Postal Service from enforcing the new mail voting rule before the midterm elections.
U.S. District Judge Carl J. Nichols in Washington, D.C. issued a preliminary injunction late Sunday ordering the U.S. Postal Service not to implement President Donald Trump's executive order limiting mail balloting. Nichols ruled that absent the injunction, there is an increased risk that a significant number of otherwise appropriate absentee or mail-in ballots will not be counted in the upcoming midterm elections.
U.S. District Court Judge Indira Talwani in Boston previously issued an order prohibiting the Postal Service from enforcing the new mail voting rule before this year's midterm elections. The Trump administration has appealed this order to the U.S. Supreme Court.
A whistleblower report to Congress warned that millions of people would be disenfranchised if the Postal Service mail ballot rule was allowed to take effect for the midterm elections.
The Trump administration filed an emergency appeal with the U.S. Supreme Court on Sunday seeking to enforce new U.S. Postal Service mail ballot rules for the November midterm elections. This marks the third time the administration has asked the high court to intervene in the dispute. The appeal follows a federal judge's decision on Friday to extend a preliminary injunction blocking the rules.
U.S. District Court Judge Indira Talwani issued an order on Friday extending a preliminary injunction blocking the Trump administration's new U.S. Postal Service mail ballot rules for the November elections. The judge found the rules likely unconstitutional, stating they intrude on both Congress's Elections Clause powers and powers left to the states. Talwani concluded the rules threaten disenfranchisement of millions of citizens who seek to vote by mail.
Dozens of Democratic-led state attorneys general have sued the Trump administration, contending that the new mail ballot rules are unconstitutional and represent an attempt to federalize elections, which are historically and constitutionally managed by individual states. Election officials argue there is insufficient time to revise their systems to comply with the new requirements before the November elections.
States and voter advocacy groups challenging the USPS mail ballot rules have until Tuesday at 10 a.m. to formally respond to the Trump administration's latest Supreme Court appeal before the high court makes a decision on whether to allow the rules to take effect.
North Carolina has already begun mailing ballots for the November midterm elections. Additional states including Alabama are set to begin the mailing process on September 9, with at least five more states beginning the week of September 13.
Nearly one-third of voters in the United States cast mail ballots, making the dispute over new mail ballot restrictions significant for the upcoming midterm elections when control of Congress is at stake.
President Trump's executive order aimed at tightening mail ballot access requires new U.S. Postal Service rules mandating that federal election ballots use envelopes with official Election Mail logos, meet automation requirements, and carry unique barcodes. States must submit ballot envelope designs for review and provide voter information databases to USPS, including voter names, addresses, and barcode information. Postal workers would only deliver ballots addressed to voters appearing on state-provided lists.
Election officials warned that the new mail voting system could not be implemented before the first mail ballots begin going out on Friday in North Carolina, according to the whistleblower disclosure.
On Monday, Judge Talwani issued a ruling refusing to lift the restraining order but allowing the Postal Service to continue work on its mail voting portal, as long as it was not forcing states to use it.
U.S. District Court Judge Indira Talwani in Boston issued a ruling barring implementation of Trump's mail voting system before the November midterms. On August 21, the Postal Service released a final rule outlining implementation, and on August 22, Talwani issued a 14-day restraining order against implementation of the measure.
According to the whistleblower statement, the Postal Service is implementing a 'zero percent' error rule where a single scanning error in a batch of tens of thousands of ballot envelopes could cause all of them to be rejected and not reach voters. The rule requires ballots to undergo three layers of checks, and any apparent error during these checks could cause the entire batch to be discarded.
Judge Talwani found that the Postal Service violated her order by continuing to work on the mail voting system rule after she had issued an initial restraining order. However, she imposed no sanctions on the government.
President Donald Trump signed an executive order in March directing U.S. Citizenship and Immigration Services and the Social Security Administration commissioner to develop state citizenship lists, then requiring the Postal Service to send mail ballots only to voters on such lists. Ballot envelopes must comply with new Postal Service rules and include bar codes.
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