Trump DOJ Asks Supreme Court to Reinstate Mail-In Voting Restrictions
The DOJ asked the Supreme Court to reinstate a blocked executive order tightening mail-in voting rules.
Why it matters: This move could reduce mail-in voting access nationwide before the 2026 midterms, affecting voter turnout and federal-state election rule balance.
- March 2026: Trump issued an executive order requiring a federal list verifying voter citizenship for mail-in ballots and barcoded envelopes.
- Democrats from 23 states plus D.C. won a federal injunction blocking the order; the 1st Circuit upheld it in April 2026.
- The DOJ petitioned the Supreme Court on July 27, 2026, to lift the injunction, calling the order essential for election integrity.
- Trump urges Senate Majority Leader John Thune to extend session for the 'SAVE America Act' requiring citizenship checks; Thune resists due to slim GOP majority.
On July 27, 2026, the U.S. Department of Justice asked the U.S. Supreme Court to reinstate an executive order tightening mail-in voting rules before the November midterms. This order was blocked by a federal judge and upheld by the court of appeals.
Issued in March 2026 by President Trump, the order requires the creation of a federal "state citizenship list," which means compiling lists from states to verify if mail-in voters are U.S. citizens. It also mandates the U.S. Postal Service to use barcoded envelopes to better track ballots and threatens to cut federal funds from states that do not comply.
Democratic officials from 23 states and Washington, D.C. challenged the order, arguing it infringes on state election authority protected by the Constitution. The federal injunction blocking enforcement came from a district court in Massachusetts, with the 1st Circuit Court of Appeals affirming that block in April 2026.
The DOJ describes the order as key election "policy guidance" and is seeking emergency Supreme Court review to allow enforcement before early August. Opponents' responses are due August 3, 2026.
Separately, Trump is pressuring Senate Majority Leader John Thune to keep the Senate in session past the August recess to pass the "SAVE America Act." This bill would impose federal citizenship verification requirements for voting. Thune, noting the narrow 53-47 Republican majority and procedural barriers, has resisted extending the session.
Election law attorneys express concern these federal requirements could interfere with trusted state-run election systems, raising risks of voter confusion or disenfranchisement. They point to longstanding debates over federal vs. state control of elections. Proponents argue the rules increase election security and prevent fraud.
By the numbers:
- 23 states plus D.C. — jurisdictions filing suit against the executive order
- April 2026 — date 1st Circuit upheld injunction blocking the order
- July 27, 2026 — DOJ petitioned Supreme Court to reinstate restrictions
Yes, but: Some legal experts note that while the order aims to secure election integrity, it could face constitutional challenges citing federalism and states' rights.
What's next: Opposition briefs to the Supreme Court are due August 3, 2026; the Court's decision on emergency relief could come shortly thereafter.