Federal Judge Rules on Trump's Executive Order Regarding Mail Ballots

<p>A federal judge declined on May 28, 2026, to block President Donald Trump’s executive order concerning mail ballots. The ruling is seen as a setback for Democrats who argue the order could disenfranchise voters.</p><p>The executive order, signed on March 31, directs the Department of Homeland Security (DHS) to compile a list of all adult U.S. citizens in each state and instructs the United States Postal Service (USPS) to deliver mail ballots only to individuals on these lists. U.S. District Judge Carl Nichols, appointed by President Trump, stated that the request for an injunction was premature.</p><p>Judge Nichols noted, "Given that the Executive Order does not command Plaintiffs to do anything, and that no agency has yet acted pursuant to the Order in a way that could harm Plaintiffs, they have not suffered any harm at present." Consequently, he denied the Plaintiffs’ Motions for a Preliminary Injunction.</p><p>Democrats and voting rights groups contend that the Constitution assigns the regulation of federal elections to state legislatures and Congress, not the president. They argue that the order could compel USPS to create election rules that exceed its authority.</p><p>Trump's executive order is presented as a measure to enforce federal voting laws, which he claims is a responsibility of the executive branch under Article II of the Constitution.</p><p>While Democrats asserted in court that the order might violate the constitutional rights of states to manage their own elections, Judge Nichols deemed this claim too speculative at this stage. He clarified that the merits of the Democratic arguments remain unaddressed and that they could seek an injunction again once the federal government begins implementing the order.</p><p>Judge Nichols acknowledged that the Postal Service might eventually issue a final rule that could impact the Plaintiffs or their members, or that the government could create State Citizenship Lists that may exclude certain individuals due to specific errors.</p><p>He stated, "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."</p><p>One significant concern raised by Democrats is that the executive order mandates DHS to utilize Social Security Administration data, which they argue is prone to inaccuracies and could result in eligible voters not receiving ballots.</p><p>The order stipulates that the citizenship lists must be sent to states within 60 days of federal elections and allows for individuals and states to amend the lists to address data inaccuracies.</p><p>Trump has consistently claimed that mail voting is susceptible to widespread fraud, a notion contested by election officials and voting experts who assert that such fraud is uncommon.</p><p>Many voters from both major parties have reported voting by mail, with Democrats doing so more frequently.</p><p>The White House did not respond to a request for comment from Fox News Digital on Thursday.</p>