Federal Judge Declines to Block Trump Executive Order Restricting Mail-In Voting

May 28, 2026

A federal judge declined to block President Trump's executive order restricting mail-in voting, ruling the challenge is premature as the order is not yet implemented. The order directs the DHS to create citizen voter lists and the USPS to limit ballot delivery. Democrats and civil rights groups argue the order is an unconstitutional overreach that could disenfranchise voters and will continue their legal fight in a parallel case in Boston.

Judge Nichols preliminary injunction ruling

▪The White House called the ruling a "decisive victory for the rule of law."
▪The ruling stated that any potential harms from the order were too speculative for immediate court intervention.
▪U.S. District Judge Carl Nichols, a Trump appointee in Washington, D.C., declined to immediately block President Trump's executive order on mail-in voting.
▪Judge Nichols' ruling allows challengers to renew their motions if and when the administration takes future action to enforce the order.
▪Judge Nichols ruled the legal challenge was premature because the order has not yet been implemented by federal agencies.

Trump mail voting executive order

▪President Trump's executive order, signed on March 31, directs the creation of state-by-state lists of confirmed U.S. citizens eligible to vote.
▪The order also requires states to preserve election-related records for five years.
▪The order requires the U.S. Postal Service to deliver mail-in ballots only to voters included on state-specific absentee and mail-in voting lists.

Constitutional challenges to order

▪Challengers fear that using federal data to create citizenship lists could improperly exclude legally registered voters due to errors or outdated information.
▪A separate 2025 executive order by Trump on voting, which required proof of citizenship, has already been blocked by three federal judges.
▪Plaintiffs argued the order is unconstitutional because the authority to set election rules rests with states and Congress, not the president.

Midterm election implications

▪The ruling comes as Republicans face a tight battle to maintain control of Congress in the November midterm elections.
▪In the 2024 election, approximately one-third of all ballots were cast by mail.
▪Opponents of the order warn that implementing the changes so close to the November elections could create confusion and disruption.

Postal Service independence concerns

▪A Federal Register notice from the USPS stated it "would not verify whether individuals should or should not be included" on voter lists provided by states.
▪Postal law experts argue that if Trump can enforce the order against the postmaster general, it could shatter the agency's independence from politics.
▪The executive order directs the Postmaster General to propose a rule that would block states from sending ballots except to voters on state-provided lists.

Massachusetts case next steps

▪A separate, similar lawsuit challenging the executive order has been filed in a federal court in Boston, Massachusetts.
▪The Boston case was brought by a coalition of Democratic-led states and will be heard by U.S. District Judge Indira Talwani on June 2.