Federal Court Allows Challenge to Executive Order Restricting Mail-in Voting to Proceed with Respect to the Midterm Elections

Plaintiffs' motion for preliminary injunction and other matters still pending

June 18, 2026 4:30 pm

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Mark Sheridan, media@aclum.org

BOSTON – A federal court today ruled that nonpartisan voting rights groups could continue with their legal challenge to President Trump’s executive order restricting mail-in voting ahead of the upcoming 2026 primaries and November midterm elections.

In the ruling, the court recognized that the Trump administration and U.S. Postal Service (USPS) are actively working to implement the executive order, which attempts to override state election laws, including by directing the Postal Service not to deliver certain mail ballots. In addition, the Department of Homeland Security (DHS) is moving to compile and distribute “citizenship lists” even though the Department of Justice’s own lawyers acknowledged in court that the lists will be underinclusive and incomplete.

The executive order and current actions by DHS and USPS to implement it are confusing voters and harming voting rights groups just as they and state and local officials are preparing for the 2026 elections.

Today’s ruling dealt only with a part of the federal government’s motion to dismiss the legal challenge to the executive order. The court has not yet ruled on other pending motions, including voting rights groups’ request for a preliminary injunction to block the U.S. Postal Service from carrying out the executive order.

The plaintiffs and their counsel issued the following joint statement:

“We are grateful the court recognized the urgency and stakes of this case and allowed our lawsuit to proceed with respect to this year’s elections.

“This executive order is plainly unconstitutional, yet the U.S. Postal Service and the Department of Homeland Security are actively working to implement it. Their actions are causing chaos and interfering with the vital work that nonpartisan voting rights groups are doing to prepare for the coming elections. As we made clear in court, implementation of this order also threatens to disenfranchise untold numbers of American citizens, including elderly, disabled and student voters and voters of color who rely on mail-in balloting.

“The court will now move to consider our preliminary injunction and other pending motions. And we will continue to fight to protect the millions of people who rely on mail-in voting and to ensure that every eligible voter is able to fairly cast their ballot.”

The suit was filed in U.S. District Court for the District of Massachusetts by the League of Women Voters of Massachusetts, League of Women Voters, Association of Americans Resident Overseas, U.S. Vote Foundation, OCA - Asian Pacific American Advocates, and Delta Sigma Theta Sorority, Inc.

These plaintiffs are represented by the American Civil Liberties Union (ACLU), ACLU of Massachusetts, Brennan Center for Justice at NYU Law, Legal Defense Fund (LDF), Asian Americans Advancing Justice-AAJC (Advancing Justice-AAJC), and LatinoJustice PRLDEF.

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League of Women Voters of Massachusetts v. Trump

On March 31, 2026, President Trump issued a sweeping Executive Order titled "Ensuring Citizen Verification and Integrity in Federal Elections," seeking once again to seize control of election administration from Congress and the states. The Order directs the Department of Homeland Security to compile lists of citizens from federal databases — including Social Security Administration records and immigration data — and transmit those lists to states before every federal election. It then directs USPS to refuse to deliver mail-in or absentee ballots from any voter who does not appear on a federally created enrollment list. It also threatens states with non-delivery of their voters' ballots unless those states submit lists of eligible mail voters to USPS at least 60 days before each election. If implemented, the Order would threaten the ability of millions of eligible citizens to cast their ballots, particularly military members, overseas citizens, the elderly, recently naturalized citizens, and voters with disabilities who rely on mail voting. The Constitution gives Congress and the states — not the President — the power to regulate elections. Despite this, President Trump's March 31, 2026 Executive Order attempts to impose a sweeping new federal regime over mail-in and absentee voting nationwide. This Executive Order is President Trump's second attempt to seize control of federal elections by executive fiat, issued despite injunctions from three separate federal courts blocking a previous 2025 Executive Order on similar grounds. Plaintiffs in this case bring six claims: the Order violates the constitutional separation of powers; it is ultra vires because it commandeers USPS in violation of Congress's postal statutes; it violates the Tenth Amendment and principles of federalism by coercing states to alter their election laws; it unconstitutionally burdens the right to vote; it violates Section 11(a) of the Voting Rights Act by directing USPS to refuse to deliver lawful ballots to eligible voters; and it violates the Privacy Act by requiring the rushed, non-consensual compilation and dissemination of inaccurate personal data about millions of Americans without the required public notice and comment.