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The RecordExhibit 88

Elections

An executive order to control who can vote by mail

Ruled unlawfulLast checked Oct 3, 2026

Ruled unlawful means: A court ruled against it. Some rulings are on appeal.

Trump ordered Homeland Security and Social Security to build a national list of 'verified' citizens and told the Postal Service to deliver mail ballots only to voters on approved lists.

What happened

States had to hand the Postal Service lists of eligible mail voters 60 days before Election Day. Ballots from anyone not on a list, or in envelopes that didn't meet new design rules, were not to be delivered, which would effectively cancel those votes. The order also threatened funding for states that refused to turn over voter files. ProPublica later reported the White House originally wanted even more disruptive rules. Separately, in July 2026 the administration fired the Election Assistance Commission's two Democratic commissioners, and Trump has not ruled out declaring a national emergency to change voting rules.

Where it stands

A federal judge declared the core provisions unconstitutional in June 2026. The Supreme Court sided with the administration on Aug. 24 on narrow standing grounds in the states' case, but on Sept. 14 it voted 7 to 2 to keep the Postal Service rules blocked for the 2026 election, saying the government was unlikely to succeed. Mail voting this November works as it always has. Separately, a judge ruled in June that the citizenship database built under the order violated federal privacy laws; on Sept. 25 the Supreme Court let the government keep using it while that case continues.

The administration's side

The White House says it is protecting elections from noncitizen voting and inaccurate voter rolls. Justice Kavanaugh wrote the Postal Service may have the authority, but there wasn't time to implement it before the election.

Sources

See it in the timeline

Permanent link: https://unredactedrecord.com/e/votingeo/