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, which Democrats argue could disenfranchise voters. 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 mandates the United States Postal Service (USPS) to deliver mail ballots only to individuals on these lists.</p><p>U.S. District Judge Carl Nichols, appointed by President Trump, stated that the plaintiffs' request for an injunction was premature. He 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." Therefore, he denied the plaintiffs’ motions for a preliminary injunction.</p><p>Democrats and voting rights groups contend that the Constitution grants state legislatures and Congress the authority to regulate federal elections, not the president. They argue that the order could compel the USPS to create election rules that exceed its authority.</p><p>Trump’s executive order is presented as an effort to enforce federal voting laws, which he claims the executive branch is required to uphold under Article II of the Constitution. Although the Democratic plaintiffs asserted that the order could violate the constitutional rights of states to manage their elections, Judge Nichols deemed this claim speculative at this time. He clarified that the plaintiffs could seek an injunction again if the federal government begins implementing the executive order.</p><p>The judge acknowledged that the Postal Service might eventually issue a rule affecting the plaintiffs or their members, and that the government might develop citizenship lists that could exclude specific individuals due to errors. 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 instructs DHS to utilize data from the Social Security Administration, which they argue may contain inaccuracies that could prevent eligible voters from receiving ballots. The order stipulates that the citizenship lists must be sent to states within 60 days of federal elections and allows for corrections to address data inaccuracies.</p><p>Trump has frequently claimed that mail voting is susceptible to widespread fraud, a notion that election officials and voting experts have stated is rare. A significant number of voters from both major parties have reported voting by mail, with Democrats reportedly doing so more frequently. The White House did not respond to a request for comment regarding the ruling.</p>