WASHINGTON, D.C. — U.S. District Judge Carl Nichols in Washington, D.C., declined in May 2026 to temporarily block President Trump’s March 31, 2026, executive order restricting mail-in voting. The ruling leaves the order in effect while legal challenges proceed.
The executive order directs the Department of Homeland Security to collaborate with the Social Security Administration to compile lists of adult U.S. citizens in each state and share them with state election officials. It also instructs the U.S. Postal Service to create its own lists of eligible voters and restrict delivery of mail-in ballots only to those individuals.
Nichols, a Trump appointee, presided over three lawsuits filed in federal court in Washington, D.C., by Democrats, voting rights groups, and a coalition of nearly two dozen states plus the District of Columbia. The plaintiffs argued that Article I of the Constitution assigns authority over federal election rules to state legislatures and Congress—not the president—and that the order improperly tasks the Postal Service with making election-related rules beyond its statutory authority.
“The Court recognizes that the Postal Service may ultimately issue a final rule that directly affects Plaintiffs or their members, or that the Government may develop State Citizenship Lists that omit specific individuals due to particularized flaws. 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,” Nichols wrote.
In early May, the administration acknowledged in court filings that federal agencies were still determining how to implement the executive order. Acting U.S. Attorney General Todd Blanche later told a Senate Appropriations subcommittee that the Justice Department was coordinating with other agencies to “make sure” the order’s goals are implemented.
President Trump said he issued the order to prevent illegal voting by noncitizens in federal elections, though studies and reviews have consistently found such voting to be extremely rare. Trump himself voted by mail in Florida in March 2026.
A separate federal judge in Boston is expected to rule in early June 2026 on two additional lawsuits challenging the same executive order. A previous 2025 executive order on voting was blocked by courts.
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