Supreme Court clears way for Trump mail-in voting restrictions

Published August 24, 2026 5:08 PM EDT

FILE - Election materials are displayed on a table at the Santa Clara County registrar of voters office on Oct. 21, 2024 in San Jose, California. (Photo by Justin Sullivan/Getty Images)

The Supreme Court on Monday granted President Donald Trump’s executive order to restrict mail-in voting ahead of midterm elections. 

Dig deeper:

The U.S. Postal Service laid out how it would implement the order last week, but time is running short to impose major changes, with some states beginning to send mail ballots to voters in just a few weeks.

Trump’s executive order on mail-in ballots

The backstory:

The order, signed by Trump back in March, called on his administration to create lists of eligible voters and ordered the U.S. Postal Service to deliver mail ballots only to people on those lists. 

For years the president has opposed mail-in voting, claiming – without evidence – that it contributes to widespread election fraud. 

He’s also repeatedly pressed for the passage of the legislation that requires proof of citizenship to vote. Noncitizen voting has been shown to be rare, and is a felony that can be punishable by deportation.

By the numbers:

Using mail ballots has become increasingly popular with voters of both parties, with about 30% of all ballots cast that way during the 2024 presidential election, according to federal data. The process also is secure. A 2025 Brookings Institution study found only about four cases of fraud out of every 10 million mail ballots cast.

What's more, Trump himself voted by mail in Florida's 2026 special election. 

The other side:

Democratic officials in 23 states and the District of Columbia sued to block the order. They argued that the Constitution gives states and Congress the power to run elections, and Trump’s changes could lead to chaos and partisan abuse.

A judge in Massachusetts blocked the plan for the midterm elections in those states. An appeals court upheld her decision. She later granted a second order blocking it nationwide.

The Source: Information for this article came from The Associated Press and previous reporting by FOX Local. This storyw as reported from San Jose. 

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