Trump Executive Order on National Voter List and Mail Voting Faces Legal Challenge

On March 31, 2026 President Donald Trump signed an executive order directing the Department of Homeland Security to create a nationwide “state citizenship list” of adults the federal government deems U.S. citizens and to deliver the list to each state at least 60 days before a federal election. The order also instructs U.S. Postal Service to limit absentee-ballot mailing to voters on that list and authorizes the attorney general to investigate jurisdictions. A hearing on the order’s legality was held before U.S. District Judge Carl Nichols on May 14, 2026, with Justice Department’s Stephen Pezzi, Democratic plaintiffs’ attorneys including Lalitha Madduri and Orion Nevers, and Missouri Solicitor General Louis Capozzi III and League of United Latin American Citizens attorney Danielle Lang presenting arguments. The judge declined to issue a ruling.

Roll Call

Trump’s March order follows a 2025 executive order requiring documentary proof of citizenship, which judges blocked, and follows administration’s lawsuits seeking nonpublic voter-roll data from over half the states—each suit halted by courts.

Associated Press

The order mandates the list be provided at least 60 days before each federal election. Plaintiffs note Democrats vote by mail at higher rates, making the restriction disproportionate.

Associated Press

If implemented, the list and mail-ballot restrictions would affect ongoing primary contests and November midterm elections, potentially altering ballot-access for millions of voters. Democrats, who vote by mail at higher rates, could face disproportionate barriers, and civil-rights groups warn the timing could erode confidence in election integrity.

Associated Press

Justice Department attorney Stephen Pezzi called the suit “shadowboxing” over a list, saying plaintiffs have not shown a violation. Plaintiffs argue privacy statutes bar a database without congressional approval.

Associated Press

Civil-rights attorney Danielle Lang claims the order seeks to create “maximum amount of chaos and confusion” for local officials and to suppress mail voting, a method heavily used by Democratic voters, to give Republicans a edge.

Roll Call

Plaintiffs say there is “no lawful way to compile” the list, citing privacy law and lack of congressional authorization. Justice Department counters that the federal government cannot be liable for how states might use a list that does not yet exist.

Roll Call

• “I understand the time pressure here,” — Judge Carl Nichols

Associated Press

• “It is harming our clients every day in the middle of an election season,” — Orion Nevers, NAACP attorney

Associated Press

• “There isn’t a way to lawfully compile it,” — Lalitha Madduri, Democratic plaintiffs’ attorney

Associated Press

• “It’s a little hard to address these questions in the abstract,” — Stephen Pezzi, Justice Department attorney

Associated Press

Judge Nichols said he will be notified of any implementation steps and may issue an injunction if the government proceeds. Both sides will file additional briefs before a final ruling as election officials prepare for possible rule changes ahead of primaries and November midterms.

Roll Call