Federal Court Allows Challenge to Executive Order Restricting Mail-in Voting to Proceed with Respect to the Midterm Elections
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ACLU Media media@aclu.orgACLU of Massachussetts media@aclum.orgLatinoJustice, PRLDF media@latinojustice.orgBrennan Center for Justice lees@brennan.law.nyu.edu
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.
The ruling is available online HERE.
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