Judge Nichols Lets Trump Order on Mail-In Voting Restrictions Stand
Judge Carl Nichols refused to block Trump's 2026 mail-in voting restriction order.
Why it matters: Legal professionals involved in election law must monitor this ruling as it upholds federal controls over voter eligibility verification, influencing litigation strategies and compliance in federal elections.
- Executive Order 14399 was signed on March 31, 2026, to verify voter eligibility using DHS and SSA data.
- The order requires USPS to send mail ballots only to voters on state-specific verified lists.
- Legal challenges, including from Democratic officials and civil rights groups, argued the order risks voter suppression and state rights violations.
- On May 28, 2026, Judge Nichols ruled no immediate harm occurred, so he refused to block the order.
On March 31, 2026, President Donald Trump signed Executive Order 14399, "Ensuring Citizenship Verification and Integrity in Federal Elections," directing the Department of Homeland Security (DHS) and Social Security Administration (SSA) to create lists of verified U.S. citizens eligible to vote. These lists are shared with states for use in federal elections.
The order also instructs the U.S. Postal Service (USPS) to issue mail-in and absentee ballots only to those registered on the state-specific Mail-in and Absentee Participation List derived from the verification process. This measure aims to restrict mail voting to confirmed eligible voters.
Challenges rapidly followed. Democratic officials and civil rights groups filed lawsuits claiming the order infringes on states' constitutional authority over elections, risks disenfranchisement, and violates voter rights protections. However, on May 28, 2026, U.S. District Judge Carl Nichols declined to block the order. He concluded that plaintiffs had not demonstrated any concrete harm yet because no agency action under the order had occurred. As reported by AP News, Nichols stated, "Given that the Executive Order does not command Plaintiffs to do anything, and no agency has acted pursuant to the Order to cause harm, there is no current injury."
This ruling preserves the federal government's authority to enforce voter eligibility verification through interconnected federal agencies ahead of upcoming elections. Legal professionals involved in election law and compliance should consider how this decision may affect litigation strategies and compliance frameworks regarding mail-in ballot distribution and voter eligibility verification, especially concerning state versus federal jurisdiction debates.
Meanwhile, opponents like Massachusetts Attorney General Andrea Campbell continue to argue that election administration is a state prerogative, warning that the order could suppress voter participation. The case underscores the ongoing tension between election integrity efforts and voter access protections that legal counsel should track closely going forward.
By the numbers:
- March 31, 2026 — Date Executive Order 14399 was signed
- May 28, 2026 — Date Judge Nichols ruled to uphold the order
- 2 federal agencies (DHS and SSA) tasked with verifying voter eligibility
Yes, but: While the ruling upholds the order for now, no federal agency has yet implemented it, so its practical impact and legal challenges may evolve.
What's next: Further litigation is expected as agencies begin implementing the order, with courts likely to revisit its legality as cases proceed.