Trump administration urges Supreme Court to allow order targeting
mail-in voting before midterms
[July 28, 2026]
By LINDSAY WHITEHURST
WASHINGTON (AP) — The Trump administration asked the Supreme Court on
Monday to clear the way for an executive order from President Donald
Trump that could dramatically change mail-in voting ahead of November’s
midterm elections.
The Justice Department asked the justices to halt for now lower court
decisions blocking the sweeping changes in nearly half the country.
The request comes shortly after Trump delivered a primetime address
elevating his yearslong push to raise doubts about the legitimacy of
elections, and could be one of several voting-related challenges before
the court ahead of the high-stakes midterm contest.
Trump ordered the government in March to create a “state citizenship
list” of eligible voters and deliver mail ballots only to people on that
list.
Democratic officials in 23 states and the District of Columbia sued,
saying the Constitution gives states and Congress the authority to set
election rules, not the president. Their attorneys have said Trump's
proposed changes are ripe for abuse and could cause chaos.
A judge in Massachusetts blocked the executive order for the plaintiff
states, and a divided 1st U.S. Circuit Court of Appeals panel left her
ruling in place over the weekend.
The executive order calls for U.S. Citizenship and Immigration Services
and the commissioner of the Social Security Administration to send state
officials federal citizenship lists to determine eligible voters. It
tells the U.S. Postal Service to deliver mail ballots only to people on
the lists.
The order also calls for ballots to have secure envelopes with unique
barcodes for tracking. Federal funding could be withheld from states and
localities that don’t comply.
The appeal argues that Trump's order lays out “general policy guidance”
and doesn’t directly dictate how states run their elections. Solicitor
General D. John Sauer asked the high court to freeze the judge's order
as lawsuits play out, calling it indefensible.
“And the injunction is especially indefensible because the agencies are
still deliberating over how (if at all) to implement the Order, yet the
district court preemptively decided that whatever the agencies may
choose to do will necessarily be unlawful,” Sauer wrote.
He urged the high court to move quickly, arguing that any new policies
would have to be in place as soon as August to be effective for the
November elections. A response to the appeal is due Aug. 3.
Mail balloting has long been a favorite target for Trump, even as he has
used the method to cast his own votes. He has blamed it for his loss to
Democrat Joe Biden in 2020 and has claimed without evidence that it
opens the door to fraud. He returned to that theme Monday during an
appearance at a General Motors facility in Michigan as he was making an
appeal for Congress to pass his voter ID and proof-of-citizenship bill.
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President Donald Trump gestures as he departs after speaking at
General Motors proving ground, Monday, July 27, 2026, in Milford,
Mich. (AP Photo/Alex Brandon)
“And hopefully there will be no mail-in ballots,” he said, calling
them 'inherently corrupt."
Using mail ballots has become increasingly popular with voters of
both parties, with about 30% of all ballots cast that way during the
2024 presidential election, according to federal data. The process
also is secure. A 2025 Brookings Institution study found only about
four cases of fraud out of every 10 million mail ballots cast.
The Supreme Court has ruled against the Trump administration before
on mail-in ballots, finding in June that states can count ballots
that arrive after Election Day.
Trump has promoted the proposed changes in his executive order as
safeguards to keep non-U.S. citizens from voting. He's also
repeatedly pressed for the passage of the legislation that requires
proof of citizenship to vote.
Noncitizen voting has been shown to be rare, and is a felony that
can be punishable by deportation.
U.S. District Court Judge Indira Talwani in Boston, who was
nominated by Democratic President Barack Obama, agreed in June to
halt implementation for the Nov. 3 elections.
Her ruling differed from that of another federal judge based in
Washington. U.S. District Judge Carl Nichols, who was appointed by
Trump, found in May that it was too early to block the order because
it had not yet been implemented.
The office of California Attorney General Rob Bonta, who is leading
the lawsuit for the states, did not immediately comment on the Trump
administration’s appeal. New York Attorney General Letitia James’
office declined to comment.
The Postal Service also would not discuss its plans regarding
implementing Trump’s order or its rule, citing the ongoing
litigation. In Kansas, Republican Secretary of State Scott Schwab’s
office said it has not heard from the Postal Service about plans
going forward.
___
Associated Press writer John Hanna in Topeka, Kansas, contributed to
this story.
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