Legal Pushback Against Trump’s Voting Executive Orders Intensifies Ahead of Midterms

President Donald Trump’s March 2026 executive order seeks to curb voting by mail and authorizes the United States Postal Service (USPS) to impose new preparation requirements for election-related mail. A coalition of advocacy groups—including the Democracy Defenders Fund (DDF), the Campaign Legal Center (CLC), the ACLU, the Brennan Center for Justice, Democracy Forward, the Democratic Attorneys General Association, and the Washington Litigation Group—has filed lawsuits challenging the order’s constitutionality.

The Guardian

Since returning to office, Trump has issued executive orders that shift election administration from states to the federal government, including attempts to end birthright citizenship and to create a $1.8 billion fund that could benefit January 6 participants. Legal victories on those fronts were recorded on January 6, when allied groups blocked the related initiatives.

The Guardian

• January 6 – Advocacy groups win key lawsuits thwarting Trump’s attempts to end birthright citizenship and to fund January 6 defendants.

The Guardian

• Late August – 24 Democratic attorney generals obtain a 14-day restraining order against USPS rule changes.

The Guardian

• September 4 – Judge Talwani makes the injunction permanent, citing the risk of mass disenfranchisement.

The Guardian

• September 6 – DoJ solicitor general John Sauer files an emergency appeal to the Supreme Court seeking to lift the injunction.

The Guardian

• Approximately 50 million Americans vote by mail.

The Guardian

• The temporary restraining order was secured by a coalition of 24 Democratic attorney generals and additional plaintiffs.

The Guardian

• The DDF reports involvement in more than 300 legal cases across elections, rule-of-law, and anti-corruption domains.

The Guardian

• The Washington Litigation Group hired roughly six new attorneys this summer for election-related litigation.

The Guardian

In a July televised speech, President Trump asserted, without evidence, that “mail-in ballots are inherently corrupt” and that non-citizen voting poses a “crisis of election security.” A whistleblower complaint released by Senator Richard Blumenthal alleged that the USPS’s rushed implementation could cause “catastrophic failure” for this year’s mail-in voting. The Department of Homeland Security chief warned that ICE agents could be deployed to polling places if a threat is identified.

The Guardian

The Heritage Foundation database records only 100 instances of non-citizen voting over 25 years, contrasting with DHS claims of a broader “hunt” for non-citizen voters.

The Guardian

The DoJ continues to seek Supreme Court relief to implement the USPS rules before the November midterm elections. Advocacy groups plan to defend the permanent injunction and to file additional briefs supporting state-run election administration. No further court dates have been scheduled.

The Guardian