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us postal service
Court Lands Latest Blow to Trump's 'Anti-Voting Agenda' by Blocking USPS Attack on Mailed Ballots
“USPS’ plan was unwise, unlawful, and a threat to the millions of voters who rely on mailed ballots to participate in our democracy," said one case litigant.
Jul 01, 2026
In a ruling hailed by democracy defenders, a federal court on Wednesday halted the US Postal Service's implementation of President Donald Trump's March executive order targeting mail-in ballots as part of his administration's broader attack on voting rights.
Judge Emmet Sullivan of the US District Court for the District of Columbia granted a request by the NAACP to enforce a 2021 settlement agreement requiring the USPS to protect mail-in voting and prioritize delivery of mail related to elections through 2028.
The request followed the Postal Service's publication last month of a proposed rule that would block the delivery of mail-in ballots to voters in states where election officials refused to provide certain information to USPS or use a specific envelope design. That proposal came after Trump's March executive order directing federal agencies to create a nationwide list of eligible voters using federal data.
The directive also requires the Postal Service to verify that mail-in ballots are sent and returned only by eligible voters, preserve election-related records for a longer period, and exercise heightened oversight of mailed ballots.
The Public Citizen Litigation Group and Legal Defense Fund (LDF) filed a motion on behalf of the NAACP asserting that the proposed rule "manifests USPS’ intent not to deliver certain mail-in ballots, establishing a process that directly violates its obligations under the agreement."
“The court today correctly recognized that USPS’ plan to create roadblocks to mail-in voting was inconsistent with its commitment to timely deliver election mail,” Public Citizen Litigation Group director Allison Zieve said in a statement following Sullivan's ruling. “USPS’ plan was unwise, unlawful, and a threat to the millions of voters who rely on mailed ballots to participate in our democracy.”
🚨BREAKING: In the latest blow to President Donald Trump’s anti-voting agenda, a federal court on Wednesday granted the NAACP’s request to halt the U.S. Postal Service’s (USPS) implementation of his executive order against mail voting. www.democracydocket.com/news-alerts/...
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— Marc Elias (@marcelias.bsky.social) July 1, 2026 at 1:41 PM
LDF associate director-counsel Sam Spital said, “Today’s decision recognizes that USPS cannot disregard its legal obligation to timely deliver mail-in ballots to all voters."
"We are glad that the court blocked a blatant attempt to renege on this commitment through a proposed rule that ran the risk of undermining the fairness of our national elections, creating particular dangers for Black voters," Spital continued. "LDF will continue to defend our democracy and combat unlawful restrictions of the right to vote.”
Anthony P. Ashton, senior associate general counsel at the NAACP, called the decision "a critical step in protecting the rights of voters who rely on the timely delivery of mail-in ballots to participate in our democracy."
Ashton continued:
The proposed USPS changes would have created unnecessary and unlawful barriers, in direct violation of the USPS’ mandate to prioritize election mail. Those barriers could have disproportionately harmed Black voters, who are more likely to rely on mail voting due to long-standing inequities in access. Put simply, the use of mail-in voting helps reduce voter intimidation at the polls and election day dirty tricks. This decision makes clear that access to the ballot cannot be tied to arbitrary requirements. The NAACP will continue to hold this government accountable when it attempts to undermine fair and equal access to the electoral process.
Wednesday's order—from a judge who's been appointed to various positions by Republican and Democratic presidents throughout his career—is the latest in a string of federal court rulings against Trump's attacks on voting rights, crowned by Monday's Watson v. Republican National Committee US Supreme Court decision, in which the justices affirmed that states may count ballots received after Election Day if they were postmarked in time.
Last week, a federal judge in Massachusetts sided with Democratic state attorneys who challenged Trump's March 2025 executive order that requires Americans to show proof of citizenship when registering to vote, while another judge in the same district blocked parts of the president's March 2026 order, which included the USPS directive.
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Don't Let False Claims of Fraud Make It Harder to Vote
As the Supreme Court prepares to hear a case that could overturn grace periods for mail-in ballots, and the Trump administration targets mail-in voting as well, it's important to refute false claims about mail ballots and misreadings of election laws.
Jun 26, 2026
The Supreme Court is set to decide a case that could overturn laws in 30 states that provide grace periods, which allow counting mail ballots received after Election Day but sent on time.
Meanwhile, President Donald Trump has issued two executive orders seeking to displace states’ mail voting laws, including one that attempts to deny federal funds to states that do not reject mail ballots received after Election Day. (The Brennan Center and other voting rights groups have challenged both orders in court.)
These efforts seek to undermine state policies for when mail ballots may be counted. They are centered on false claims about mail ballots and misreading of election law and are occurring as states pass restrictive voting laws—some of which even rely on the executive orders or the ongoing litigation.
While many states have expanded access to mail voting since 2020, between 2020 and 2025, 27 states enacted laws restricting mail voting. These restrictions have followed false claims by Trump and his allies about fraudulent mail ballots. Indeed, Trump made similar claims due to ballot processing times following California’s recent primary. These false claims and restrictive laws around mail voting persist even though the overwhelming evidence shows that it continues to be safe and secure.
Lawmakers who focus on voters when enacting election laws recognize that some face unique hurdles when accessing the ballot box.
Laws restricting mail voting include laws eliminating grace periods. Notably, between 2020 and 2025, at least seven states, including Arkansas, Iowa, Kansas, North Carolina, North Dakota, Ohio, and Utah, have either tightened the deadline for returning a mail ballot or blocked officials from accepting mail ballots arriving after Election Day. At least four states have done so in the past year, including two that did so after the executive orders or Supreme Court litigation.
North Dakota eliminated its grace period, which counted mail ballots so long as they were postmarked by the day before Election Day, in April, shortly after Trump’s March 2025 executive order on voting. Among other things, that order illegally directs the Election Assistance Commission, an independent federal agency, to condition funding on a state’s adherence to an Election Day ballot-receipt deadline, even if the ballots were submitted on time under state law. Just three weeks after Trump issued the order, state legislators amended an elections bill to include a new section “addressing the new executive order” by eliminating the state’s grace period.
Then, in December 2025, Ohio passed a law eliminating its grace period, which counted ballots postmarked before Election Day and received by the fourth day after (a period that Ohio had already shortened in 2022 from the 10th day after the election). One of the 2025 bill’s sponsors pointed to Trump’s executive order. But Ohio lawmakers also made their decision while the Supreme Court case, Watson v. Republican National Committee, had yet to be argued, let alone decided.
That case began in early 2024 under a sham legal theory: that century-old federal “Election Day” laws, which require states to have presidential and congressional elections on the first Tuesday of November, preempt Mississippi’s policy of accepting mail ballots postmarked by Election Day and received within five business days thereafter. Those federal laws do not set the date by which states must receive and count ballots, and a federal district court rejected the lawsuit. But in March 2025, the US Court of Appeals for the Fifth Circuit reversed the ruling in a deeply flawed opinion that inaccurately described the plain text, historical practice, and congressional history of the “Election Day” laws.
The same week in November 2025 that the Supreme Court agreed to hear Watson, Ohio’s Legislative Budget Office cited the Fifth Circuit’s flawed reasoning in its analysis for lawmakers. By the following month, Ohio had eliminated the state’s grace period except for military and overseas voters. (Mississippi, for its part, recently enacted a “trigger law” that, if the court overturns Mississippi’s current grace period, will require mail ballots to be received a full day before Election Day.)
To be sure, North Dakota and Ohio lawmakers also pointed to other states that do not provide grace periods. But North Dakota and Ohio’s passing of restrictive voting laws following a contested executive order and grace period-related litigation, respectively, shows the damage that the executive branch and courts alike can cause by elevating debunked legal theories.
In contrast with the executive order and Watson litigation, multiple states have exercised their authority to develop mail voting policies under a different approach: addressing voters’ needs. Today, at least 14 states, the District of Columbia, and three other US territories provide a grace period for all voters. At least 16 states provide a grace period specifically for military and overseas voters. And Montana provides a grace period specifically for users of the Federal Write-In Absentee Ballot, which serves as a backup ballot for military and overseas voters.
During the Civil War, officials in states including Maryland, Maine, New Hampshire, and Rhode Island gave military voters additional time after Election Day to have their ballots arrive so they could be counted. In 2010, US Postal Service delays resulted in over 26,000 mail ballots arriving too late to be counted in California’s general election. This led California to adopt a three-day grace period for all voters, which the legislature lengthened to 17 days during the Covid-19 pandemic and shortened to seven days following the pandemic. Texas decided in 2005 to accept ballots postmarked by Election Day and received the day after. It added longer deadlines in 2017: five days after Election Day for civilian ballots and six days for military service members deployed abroad and their families. And some states, like Alabama and Colorado, that have adopted grace periods specifically for military and overseas voters have done so to build upon protections embedded in the federal Uniformed and Overseas Citizens Absentee Voting Act.
Lawmakers who focus on voters when enacting election laws recognize that some face unique hurdles when accessing the ballot box. As the Brennan Center and co-counsel Covington & Burling noted in a friend-of-the-court brief in Watson, overseas civilian and military voters can face mail delays that prevent ballots from arriving on time, through no fault of the voter. Rural voters, like many in largely rural Alaska, can be wholly dependent on mail voting to participate in elections. So too can voters with disabilities, or certain communities of color that may rely on mail voting as an effective alternative to in-person voting. Indeed, recent research on the rescission of Ohio’s grace period suggests that thousands of valid votes in the 2024 election would not have been counted under the new rules.
Court decisions sanctioning Trump’s unconstitutional executive orders or the misleading claims underpinning Watson could add to the burdens some voters already face. But even if Trump’s executive orders fail and the Supreme Court upholds the grace period at issue, policymakers and advocates should still be concerned about how lawmakers can turn the false claims behind executive orders and litigation into restrictive state voting laws.
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Judge Blocks 'Unconstitutional and Dangerous' Trump Order Designed to Derail Mail-In Voting
"The court rightly recognized that the president and the executive branch lack both the legal authority and the capacity to compile a complete and accurate list of US citizens or eligible voters in every state."
Jun 25, 2026
On the heels of a federal judge in the District of Massachusetts siding with Democratic state attorneys general who challenged President Donald Trump's executive order requiring Americans to show proof of citizenship when registering to vote, another judge in the same district on Thursday blocked key portions of a second Trump order attacking US elections.
In the latest decision, District Judge Indira Talwani struck down Section 2, which orders the US Department of Homeland Security to create "confirmed citizen lists" of eligible voters, as well as Section 3, which directs the US Postal Service to create rules to limit the mailing of ballots to voters not included on its own lists.
"The Constitution does not grant the president any specific powers over elections. Broadly, the Constitution vests the president with 'executive power' and commands him to 'take care that the laws be faithfully executed,'" wrote Talwani, an appointee of former President Barack Obama. "Sections 2 and 3... are legally void as they are ultra vires and unconstitutionally violate the separation of powers."
The judge also struck down Section 5, which requires the US Deparment of Justicee and all other executive agencies "with relevant authority" to "take all lawful steps to deter and address noncompliance with federal law," plus mandates that states and localities "preserve, for a five-year-period, all records and materials—excluding ballots cast—evidencing participation in any federal election (e.g., ballot envelopes, regardless of carriers)." She found that this portion of the order "is merely precatory."
Several state attorneys general were involved in both of this week's cases, including New York Democrat Letitia James, who called Thursday's decision a "major victory" as well as a "critical step in defending the foundation of our democracy and protecting the sacred right to vote."
California Attorney General Rob Bonta on Thursday also cheered the back-to-back wins against the Republican president.
"Just yesterday, President Trump's first elections-related Executive Order was blocked. Now, his second elections-related executive Order has suffered the same fate, and rightfully so. As the federal judge wrote in today's decision, 'The Constitution does not grant the president any specific powers over elections.' Those powers are reserved to the states and Congress," Bonta said. "Democracy doesn't work on its own—it requires constant vigilance. And that's what my fellow attorneys general and I will continue to provide."
The AGs weren't alone in challenging Trump's order. The Association of Americans Resident Overseas, Delta Sigma Theta Sorority, League of Women Voters, LWV of Massachusetts, OCA – Asian Pacific American Advocates, and US Vote Foundation also filed suit, represented by the national and Massachusetts arms of the ACLU as well as Asian Americans Advancing Justice, Brennan Center for Justice, Legal Defense Fund, and LatinoJustice PRLDEF.
The attorneys and plaintiffs in that case said in a joint statement that as Thursday's decision "makes clear, President Trump's executive order from March 2026 attempting to seize control of elections is unconstitutional and dangerous."
"This ruling is a critical step in preserving free and fair elections," they said. "The court rightly recognized that the president and the executive branch lack both the legal authority and the capacity to compile a complete and accurate list of US citizens or eligible voters in every state. The ruling also rightly recognizes that the US Postal Service has no authority to limit the distribution of mail ballots."
"The court has yet to rule on our request to block the executive order's provisions on mail voting on behalf of a nonpartisan coalition of voting rights groups," they noted. "The same reasoning underpinning today's decision should hold in our case. President Trump's unlawful executive order violates the separation of powers, threatens the integrity of our elections, and must be enjoined from taking effect in the upcoming primary and midterm elections."
Meanwhile, White House spokesperson Abigail Jackson signaled the administration will continue the fight, telling multiple media outlets that "President Trump is committed to ensuring that Americans have full confidence in the administration of our elections. The president's executive order lawfully protects our elections, and we are confident that we will ultimately prevail in its implementation."
Jackson also reiterated the administration's support for the proposed Safeguard American Voter Eligibility Act, saying that "President Trump has also urged Congress to pass the SAVE America Act and other legislative proposals that would establish a uniform standard of photo ID for voting, prohibit no-excuse mail-in voting, and end the practice of ballot harvesting to secure our elections for generations to come."
Trump on Wednesday canceled his planned signing ceremony for the bipartisan 21st Century ROAD to Housing Act "until such time as we pass the desperately needed SAVE AMERICA ACT, which I consider to be a National Emergency."
In response, US Sen. Elizabeth Warren (D-Mass.) summarized: "Congress overwhelmingly passed a housing bill to bring down costs. But Trump just threw a tantrum. He's refusing to sign bipartisan legislation to make housing more affordable in a bizarre effort to try to rig the elections."
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