Trump's mail-in voting order halted by judge, impacting 2026 elections
Trump, a Republican, signed the order on March 31 after calling for years for tighter rules on voting by mail and pushing the false claim that his 2020 election defeat was the result of widespread voter fraud
Federal judge not Supreme Court
U.S. District Judge Indira Talwani sided with several Democratic-led states that argued that the Republican president is trying to interfere unlawfully with the states' administration of federal elections.
Constitution assigns elections to states
His order directs the U.S. Department of Homeland Security to compile and transmit to the states a list of confirmed U.S. citizens eligible to vote in each state, derived from citizenship and naturalization records and other federal databases.
Trump's order also requires the U.S. Postal Service to deliver ballots only to voters on each state's approved mail-in ballot list. USPS recently moved to implement Trump's directive by issuing new proposed rules requiring states to provide the names and barcodes linked to their mail-in ballots.
The order also directs the U.S. Department of Justice to prioritize the investigation and prosecution of state and local election officials who issue federal ballots to people deemed “not eligible” to vote.
Voting rights groups sued the administration along with 23 states and the District of Columbia, arguing that Trump's order is unconstitutional and that he lacks any legal authority to assert presidential power over election administration.
The states alleged that allowing Trump's order to stand would force them to rush to overhaul their election systems before November, causing chaos and likely disenfranchising eligible voters.
Talwani, appointed by Democratic President Barack Obama, ruled after a different jurist, Trump-appointed U.S. District Judge Carl Nichols in Washington, DC, declined to issue a preliminary injunction in a related lawsuit brought by Democrats challenging Trump's order.
Nichols found that the Democrats' request was premature since Trump's order had yet to be implemented. They are appealing.