The U.S. Department of Homeland Security will allow states to access federal citizenship data by June 30 and plans to monitor the flow of mail ballots for signs of voter fraud, according to a court document.

Amid a series of lawsuits, President Donald Trump’s administration is now moving to carry out a March 31 executive order restricting voting by mail ahead of the November midterm elections.

Democrats and voting rights advocates oppose the directive as unconstitutional election meddling by Trump and have sued to stop him. The president, who has long attacked mail ballots but votes by mail himself, says the additional rules will fight noncitizen voting, a rare phenomenon.

“No president has the authority to unilaterally rewrite election rules or dictate how states administer their elections,” Marcia Johnson, chief of activation and justice at the League of Women Voters, said in a statement last week. The League of Women Voters filed one of at least five lawsuits challenging the order.

Potential disruptions

The order could carry major consequences for the midterm elections. Any new restrictions on mail ballots would risk disrupting how tens of millions of voters cast their ballots. About 30% of voters cast mail ballots in 2024, according to data gathered by the U.S. Election Assistance Commission.

But despite several legal challenges, the order remains in effect. 

A federal judge in Washington, D.C., in late May ruled against a request by Democratic groups to pause the order, finding that it was too soon to weigh in because federal officials hadn’t taken enough action yet. A second judge in Massachusetts held a hearing last week, but didn’t immediately issue a decision.

“The Trump Administration will continue fighting for the safety and security of American elections,” White House spokesperson Abigail Jackson said in a statement shortly after the D.C. judge’s decision.

One portion of the order demands the postmaster general enact new restrictions on mailed ballots and not transmit ballots from states that refuse to provide the names of absentee voters. The U.S. Postal Service, despite its status as an independent corporation, has put forward a proposal in line with the order to require states to submit lists of voters before mailing ballots.

Now, Homeland Security is responding to another part of the order that requires the creation of lists of voting-age citizens in every state, which the Trump administration calls “state citizenship lists.” State election officials would receive the lists, which they could compare to their voter rolls in a search for noncitizen voters.

Homeland Security’s plans for the citizenship lists came into focus on June 5, when the U.S. Department of Justice filed a notice in federal court that briefly outlines the administration’s plans. The notice describes a two-part effort by Homeland Security and its subsidiary agency, U.S. Citizenship and Immigration Services, to comply with the order.

First, Homeland Security will implement a “State Voter Roll Verification” that allows state election officials to submit their voter rolls to the Systematic Alien Verification for Entitlements, or SAVE, system. 

SAVE is a powerful computer program that checks names against citizenship information held in a variety of government databases. It can flag registered voters as possible noncitizens, but faces criticism for incorrect identifications.

For the past year, states have already had the option to upload their voter rolls into SAVE. Some Republican-led states, such as Indiana, Texas and Wyoming, have used the system, while Democratic states have declined. It’s unclear how the State Voter Roll Verification would be different, if at all, from states’ current SAVE access. 

Homeland Security and U.S. Citizenship and Immigration Services didn’t respond to questions from States Newsroom.

Second, the Justice Department notice says Homeland Security will set up a registry for state election officials to securely access “citizenship-related data” from USCIS, the Social Security Administration and the State Department.

According to the notice, the “underlying data would remain in each agency’s respective system.” No other details were provided.

The notice also outlines Homeland Security’s intention to use the lists of voters that states provide to the Postal Service for investigations. It says DHS wants to “integrate” data on those voters “to monitor mail-in and absentee ballot flows, identify anomalies that may suggest voter fraud or misuse, and generate authorized investigative leads.”

California elections

The notice comes as Trump renews his attacks on mail-in voting. Last week he alleged, without evidence, voter fraud in California, which held primary elections last week. California relies heavily on mail ballots and often counts votes at a slow pace — meaning final results sometimes don’t match election night vote totals.

“Do you know why they’re doing that? Because they’re cheating on the election,” Trump said in an interview on NBC’s “Meet the Press.”

While the executive order already faces a slew of lawsuits, the NAACP on June 3 filed a motion in federal court seeking to specifically block the Postal Service’s proposed regulations of mail ballots. The NAACP alleges the regulations violate a 2021 settlement agreement that requires timely delivery of election mail to all voters. 

The Postal Service has until Thursday to respond.

The American Postal Workers Union in a statement on June 5 denounced the executive order, saying the Postal Service serves all Americans. It is “not a tool for politicians” to pick which Americans receive which benefits, the union said.

“The Executive Order is an unconstitutional attack on the millions of Americans who vote by mail,” the union said, “and another front in an ongoing assault on voting rights in the United States of America.”

The U.S. Postal Service on Friday took its first major step to carry out President Donald Trump’s executive order restricting voting by mail, proposing a rule that would require states to submit lists of voters before mailing ballots.

But the proposed rule appears to smooth over some of the rougher edges of the executive order, which has been condemned by Democratic state officials as an intrusion on their constitutional authority to administer elections.

“The proposed rule would apply uniform standards for the mailing of absentee ballots to and from voters, which the Postal Service understands will facilitate the faithful execution of federal law,” the Postal Service said in a document posted on the Federal Register website.

The executive order faces at least five lawsuits. Experts on the Postal Service have also warned that Trump’s attempt to assert authority over the agency threatens its decades-long record of independence.

The order remains in effect for now ahead of the November midterm elections. A federal judge on Thursday declined to block it after finding the federal government had taken few steps to implement it. However, with Friday’s proposed rule, that’s beginning to change.

Some exemptions

Trump’s March 31 order directed the postmaster general, who leads the Postal Service, to propose a rule that would block states from sending ballots through the mail except to voters on lists provided by the state to the Postal Service. In effect, states would be blocked from allowing residents to vote by mail unless they provide their names to the federal government.

The proposed rule fulfills that directive, but it exempts overseas and military voters — a concession that wasn’t included in the executive order. Voting by citizens who are abroad and in the military is regulated by the federal Uniformed and Overseas Citizens Absentee Voting Act. The law sets strict deadlines for states to send ballots.

The rule also doesn’t require states to submit voter lists for primary elections.

“Primary elections largely involve political parties selecting nominees through their chosen procedures, rather than direct election of federal officials, and thus implicate different considerations that bear on the necessity for these provisions,” the Postal Service said in a document outlining the proposed rule.

The Postal Service document emphasizes that states retain full control of who gets to vote by mail or alter the information. 

The proposed rule creates data reporting standards that “can provide information regarding the sending of ballots through the mails that would be available for use by law enforcement,” the document says.

The Postal Service plans to formally publish the rule on June 2.

Noncitizen voting

Trump and administration officials have framed the executive order as a way to combat noncitizen voting, which occurs very rarely. Trump has long attacked mail voting, though he has voted by mail multiple times.

“I think this will help a lot with elections,” Trump said when he signed the order.

But opponents of the executive order say it violates the U.S. Constitution, which gives states the responsibility of running elections and allows Congress to pass regulations. The order represents an attempt by Trump to unilaterally control elections, they say.

After a federal judge in Washington, D.C., declined to block the order, another federal judge in Massachusetts will hold a hearing on June 2 in a separate lawsuit challenging the directive brought by Democratic attorneys general.

“Widespread chaos and confusion is the goal of this executive order,” Cliff Albright, co-founder of Black Voters Matter, said in a statement.

A federal judge on Thursday declined to block President Donald Trump’s executive order restricting voting by mail, finding that it was too early to challenge the directive.

The decision by D.C. District Court Judge Carl Nichols, a Trump appointee, represents a setback for Democratic groups, lawmakers and other groups including the NAACP that have sued to stop the order ahead of the midterm elections in November. The March 31 order faces at least five lawsuits. 

The executive order directs the postmaster general, who leads the Postal Service, to propose a rule that would block states from sending ballots through the mail except to voters on lists provided by the state to the Postal Service. Under the order, the proposed rule is due this week.

The order also instructs the Department of Homeland Security to compile lists of voting-age U.S. citizens in each state, with the help of the Social Security Administration. Democrats allege the Trump administration is building an unauthorized national voter list, despite the U.S. Constitution giving states the responsibility of running federal elections.

The Department of Justice had told the judge that the federal government hadn’t yet implemented the directive. The judge’s opinion, released just after midnight in Washington, D.C., makes clear that he could arrive at a different decision if the Trump administration moves forward with enforcing the order. 

“The Court recognizes that the Postal Service may ultimately issue a final rule that directly affects Plaintiffs or their members, or that the Government may develop State Citizenship Lists that omit specific individuals due to particularized flaws,” Nichols wrote in a 26-page opinion. 

“Plaintiffs may, of course, renew their motions if and when those future actions occur,” he wrote. “Until then, however, Plaintiffs cannot show that preliminary injunctive relief is warranted.”

Implications for midterms

Nichols’ decision is the first ruling in what is likely to be a protracted legal battle that could eventually reach the U.S. Supreme Court. Thursday’s opinion dealt only with whether the executive order should be blocked immediately — the underlying lawsuit to decide if the directive is unconstitutional and illegal will continue.

Whether Trump can successfully implement the order holds major consequences for the midterm elections. If the White House is able to block the Postal Service from sending or receiving mail ballots from voters not on state-provided lists, it could upend elections in states where voting by mail is the norm and disrupt procedures in others. 

About 30% of voters cast mail ballots in 2024, according to data gathered by the U.S. Election Assistance Commission.

Trump has framed the order as a needed measure to combat noncitizen voting, though it’s exceedingly rare. The directive marks the White House’s latest effort to assert authority over elections as the SAVE America Act, which would require voters to show documents proving their citizenship, stalls in the U.S. Senate.

Democrats and voting rights advocates argue the executive order is unconstitutional. Under the U.S. Constitution, states administer elections and Congress has the power to pass regulations on them, but the president has no power to act unilaterally.  

Postal Service targeted

The battle over the executive order also carries ramifications for the future of the Postal Service. While the president used to appoint the postmaster general, since 1970 the Postal Service has operated as an independent corporation — a change intended to shield mail delivery from politics.

Postal law experts say that if Trump is able to enforce an order against the postmaster general, who now is appointed by a Postal Service Board of Governors, it will shatter the agency’s independence. 

“Today’s ruling is a decisive victory for the rule of law and deals a blow against the Democrat strategy of suing first and finding legal arguments later. The Trump Administration will continue fighting for the safety and security of American elections,” White House spokesperson Abigail Jackson said in a statement.

The Democratic groups suing over the order, including the Democratic National Committee, in a joint statement expressed confidence they would eventually prevail. They said the decision doesn’t change the principle that the executive branch cannot infringe on Americans’ voting rights.

The Democratic groups suing over the order, including the Democratic National Committee, in a joint statement expressed confidence they would eventually prevail. They said the decision doesn’t change the principle that the executive branch cannot infringe on Americans’ voting rights.

Senate Minority Leader Chuck Schumer, Democrat of New York and one of the plaintiffs, in a statement called mail voting safe and secure. He emphasized that presidents don’t get to rewrite election law “by decree.”

“Trump’s strategy is simple: if he can’t win voters, he’ll silence them — and now a MAGA judge is enabling him,” Schumer said.

A group of Republican state attorneys general has also intervened in the case to defend the order. They argue that Trump has authority to gather and organize information within the executive branch. They say Trump can direct the Postal Service to propose rules.

Missouri Attorney General Catherine Hanaway, who is leading the Republican legal effort, didn’t immediately respond to a request for comment on Nichols’ decision.

Opponents look to Massachusetts

With Nichols’ decision, a federal judge in Massachusetts offers opponents their next opportunity to quickly halt the directive. 

Massachusetts District Court Judge Indira Talwani, appointed by President Barack Obama, will hold a hearing on Tuesday in a legal challenge brought by Democratic state attorneys general, led by California, along with the League of Women Voters and other civic groups.

Some legal analysts anticipate states may have an easier time challenging the order because its requirements, such as requiring states to submit lists of voters to send ballots through the mail, directly affect them. David Becker, director of the nonpartisan Center for Election Innovation & Research, wrote on social media that the states have “much stronger standing claims” heading into the hearing.

After federal agencies begin acting on the order, the challenge in Massachusetts “will be the case to watch,” he wrote.

‘Maximum amount of confusion’

At a mid-May hearing before Nichols, lawyers for the Democratic National Committee, Democratic leaders Schumer and Rep. Hakeem Jeffries of New York, and other interest groups had argued that, with the midterm elections less than six months away, there was no time to see how the Trump administration executes the order.

The proposal would result in a “maximum amount of confusion” and be a “nightmare for election officials,” Danielle Lang, who argued on behalf of the League of United Latin American Citizens, told Nichols. “Waiting will only erode public confidence in elections.”

At the time, Nichols warned Justice Department lawyers to notify him of “anything even approaching a material change” on implementing the order.

Justice Department senior trial counsel Stephen Pezzi told Nichols the plaintiffs have a right to “prepare for the darkest fears,” but, he argued, they can’t win a preliminary injunction based on speculation about error-prone citizenship lists and a postal rule not yet created.

Ultimately, Nichols agreed.

“In any event, given that the Executive Order does not command Plaintiffs to do anything, and that no agency has yet acted pursuant to the Order in a way that could harm Plaintiffs,” Nichols wrote, “they have not suffered any harm at present, much less harm that is ‘certain,’ ‘great,’ and imminent.”

President Donald Trump is again demanding Congress pass a sweeping set of voting restrictions and refuses to rule out sending troops to the polls, as Democrats and voting rights groups assemble a sprawling effort to guard against federal election interference.

The fight over election security is intensifying in Washington, D.C., as the White House and its allies seek to rewrite rules around voter registration and mail-in ballots ahead of the November midterm elections. The stakes of the contests are massive — control of Congress and the future of Trump’s legislative agenda.

Trump wants lawmakers to attach the SAVE America Act to unrelated housing and surveillance legislation after it stalled in the U.S. Senate. The SAVE bill would require individuals to show documents, such as a passport or birth certificate, proving their citizenship to register to vote. It would also mandate voters show photo ID to cast a ballot.

“Voter I.D., and Proof of Citizenship, must be approved, NOW,” Trump wrote Saturday on Truth Social, his social media platform. On Wednesday, he took to social media again to call for the firing of the Senate parliamentarian and suggested she’s an impediment to passage of the bill.

“We need THE SAVE AMERICA ACT passed, and NOW,” Trump wrote.

Democrats and voting rights advocates say the measure would cause chaos if passed this close to the election. They warn it would disenfranchise voters and create additional obstacles to voting for married women and others who have changed their names.

Vote possible soon

The Senate may hold another vote as early as this week on adding the SAVE America Act to a budget reconciliation bill. Senators rejected a prior effort to advance the legislation in a 48-50 vote in April, but  Sen. John Kennedy, a Louisiana Republican, has vowed to try again. 

The SAVE America Act is popular among Republicans in the U.S. House, which passed the bill in February. But a handful of Senate Republicans have joined Democrats in opposing the proposal, which doesn’t have enough support to overcome a filibuster.

“It is voter suppression with a suit and tie,” Senate Minority Leader Chuck Schumer, a New York Democrat, said Tuesday in a speech at a progressive conference.

Some House Republicans have kept up pressure on the Senate to act. During a House Administration Subcommittee on Elections hearing Wednesday, Rep. Mary Miller, an Illinois Republican, called for the passage of the bill multiple times.

“American citizens deserve secure elections and to know that their votes are guaranteed,” Miller said.

Thune blames Democrats

Senators spent several weeks this spring debating the legislation before moving on to other business. Senate Majority Leader John Thune, a South Dakota Republican, on Monday said the chamber held a “robust debate” but indicated senators were unlikely to return to the legislation.

Speaking about the bill in the past tense, Thune cast the measure as a political cudgel that Republicans would use against Democrats in November.

“Democrats are on the record against all of it,” Thune said on the Senate floor. “And we’ll be sure the American people know that Democrats are blocking commonsense policies that have broad support from the American people.”

Democrats, fearing that Trump may try to assert unilateral control over elections regardless of whether the legislation advances, have begun outlining how they plan to combat any attempted election takeover. 

Schumer on Tuesday said Senate Democrats are launching an election protection task force. The group, which will include 11 senators and election experts, will be prepared to mount “lawsuit after lawsuit” throughout the election process.

“Let me be very clear: local officials run elections. Voters decide elections. Donald Trump does not,” Schumer said.

Troops at polling places

In describing their concerns, Schumer and others point to Trump’s refusal earlier this month to close the door on deploying troops to polling places. Defense Secretary Pete Hegseth also recently dismissed the possibility as a “gotcha hypothetical” without actually ruling it out. 

Federal law prohibits federal troops and agents at election sites in nearly all circumstances.

“I’d do anything necessary to make sure we have honest elections,” Trump told reporters when asked about sending troops of immigration agents to the polls.

Trump’s critics also emphasize his efforts to overturn his 2020 election loss and his continuing portrayal of the contest as stolen. He has pardoned rioters who stormed the Capitol on Jan. 6, 2021, disrupting Congress’ certification of the election. 

On Monday, the Justice Department announced the creation of a $1.776 billion fund to compensate Trump allies who say they were victims of past administrations.

“This is pure fraud and highway robbery,” Rep. Jamie Raskin, a Maryland Democrat, said in a statement.

Executive orders

Preparations for possible interference in the midterms come amid a series of steps by the Trump administration over the past year aimed at giving the White House greater authority over elections — though the U.S. Constitution says they are administered by the states.

Trump signed an executive order last year that sought to mandate proof of citizenship to vote in federal elections, but the measure was blocked in court. He signed another order in March restricting the sending of ballots through the mail; a federal judge is expected to rule soon on a request to halt its enforcement.

Trump this week attacked Maryland officials over a mistake that caused voters to receive incorrect mail-in ballots for the state’s June primary. Maryland election officials have faulted a vendor for the error and are resending the ballots, but the president has called for a Justice Department investigation.

“You want to have proof of citizenship, you want to have voter ID, you want to have all these things. But to me, maybe the worst of all is the mail-in ballots,” Trump told reporters on Monday.

DOJ battles states

For months, the Department of Justice has demanded states turn over sensitive personal data on voters, such as driver’s license numbers, partial Social Security numbers and dates of birth. 

It has sued 30 states and the District of Columbia for the information, which it plans to run through a computer program called SAVE at the Department of Homeland Security to identify possible noncitizens.

Federal judges have so far ruled against the Justice Department. Several voting rights groups have also sued to block the DOJ effort, alleging the Trump administration wants to build an illegal national voter database.

Anthony Nel, a Texas resident and one of the plaintiffs in the lawsuit, said in a statement that his voter registration was canceled a month after SAVE wrongly identified him as a possible noncitizen.

“The DOJ should not be building a national database out of our most sensitive, personal information when it can’t even get this right,” Nel said.

The Wisconsin Elections Commission should not have ordered the city of Madison to remove 23 late-arriving absentee ballots from its April 7 election count, a Dane County judge ruled.

The ruling, issued last week, was forced by a lawsuit from two of the voters whose ballots were affected. The lawsuit was brought by the voting rights-focused firm Law Forward. 

During the April 7 election, the voters returned their ballots on time, but due to what city officials called an election administrator’s error, they were not delivered to the proper polling location until after polls closed at 8 p.m. State law requires that ballots be “delivered to the polling place no later than 8 p.m.” 

At a May 6 meeting WEC decided to follow the exact letter of the law and found that the city must exclude the ballots. But the lawsuit argued that voters shouldn’t be punished because of an error outside of their control. 

“Voters who comply with every element that is required for them to vote a special absentee vote, and then not being allowed to have the votes count, is contrary to what good law in Wisconsin has been,” Dane County Judge Everett Mitchell said in court.

WEC Chair Ann Jacobs, a Democrat, voted not to count the ballots, but expressed her hope during the commission discussions that a court would overturn the ruling. 

“As I have indicated previously, as an administrative agency we are bound by the language of the state statutes which precluded counting those ballots,” Jacobs said in a statement after the ruling. “That said, it has been my firm belief that voters should not be penalized by the actions of a clerk as these 23 voters were. The right to vote should not be predicated on a clerk failing to deliver properly and timely submitted ballots.”

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President Donald Trump’s executive order on mail voting would shatter decades of U.S. Postal Service independence intended to shield it from partisan politics, postal experts and attorneys say.

Postal experts said Trump ordering the postmaster general to take any action — let alone on a matter as sensitive as elections — violates guardrails in federal law against presidential control of the mail. Multiple people with deep knowledge of Postal Service history said they couldn’t recall a similar order in the agency’s modern era.

“For the president to direct the postmaster general to do anything, including handling these ballots, is contrary to the statutes, contrary to law,” said James Campbell Jr., an attorney in the Washington, D.C., area who consults on postal law.

The order, signed March 31, attracted swift condemnation as an unconstitutional attempt by Trump to control state-run elections. If it stands, the directive would also represent a White House power grab over the Postal Service, which remains a key part of American life and business.

Trump’s order directs the postmaster general, who acts as the Postal Service’s CEO, to set out rules that would require states to notify the Postal Service if they intend to send ballots through the mail during federal elections. States that want to use the mail would be required to provide lists of mail voters to the Postal Service, which would be prohibited from delivering ballots to individuals not on a list.

A Board of Governors leads the Postal Service, and holds the power to hire and fire the postmaster general. No more than five of the nine governors may belong to the same political party. 

While presidents nominate the governors and the Senate confirms them, they serve seven-year terms. The length, in theory, insulates them from political pressure.

S. David Fineman, a Philadelphia attorney nominated to the Board of Governors by President Bill Clinton who served as its chairman from 2003 to 2005, said he had never heard of the White House or a president directing the postmaster general to take certain actions. He called the executive order highly unusual.

“The postmaster general serves at the pleasure of the board,” Fineman said.

The board currently has only four members, all appointed by President Joe Biden, and five vacancies. Trump has sent four nominations to the U.S. Senate this year. The Senate Homeland Security and Governmental Affairs Committee has not scheduled confirmation hearings for the nominees.

Cash-strapped service

Trump has expressed interest in having more control over the mail. 

Last year, he floated the possibility of merging the Postal Service with the Commerce Department, a move that would require approval by Congress. The Washington Post reported in February 2025 that Trump was expected to try to fire the Board of Governors and take control of the Postal Service.

The Trump administration takes a dim view of independent agencies. Many allies of the president subscribe to the unitary executive theory, the idea that the U.S. Constitution grants the president full power over the entirety of the executive branch — meaning Congress cannot constitutionally create agencies that exist outside of White House control.

Trump has moved to assert authority over a number of independent and quasi-independent agencies since taking office, most notably the Federal Reserve. The Department of Justice is investigating cost overruns on a Federal Reserve construction project, widely seen as a pretext to target Jerome Powell, the Federal Reserve chairman whose interest rate policy has angered Trump.

The Postal Service is under tremendous financial pressure — potentially making it more vulnerable to proposals to bring it under White House control. Mail volume peaked in 2006 at 213 billion pieces that year. The Postal Service today handles 109 billion pieces annually.

The current postmaster general, David Steiner, told a U.S. House committee last month that the Postal Service will run out of cash within a year without changes to its prices and operations. The Postal Service is generally funded through stamps and other forms of user revenue, not by tax dollars.

Steiner emphasized the independent nature of the Postal Service throughout his prepared testimony. He has laid out a number of options to improve the Postal Service’s financial stability, including changes to pension funding and raising its borrowing limit from $15 billion, a level that’s remained unchanged since 1992.

“It is important to remember that we face these challenges as a self-financed, independent establishment of the Executive Branch,” Steiner wrote.

Congress approved sweeping legislation in 1970 reorganizing the U.S. Post Office Department into the U.S. Postal Service, an independent corporation. Before that, the postmaster general was a Cabinet-level position nominated by the president and confirmed by the Senate.

Trump’s order marks “a dramatic shift away from the intent of the 1970 legislation to insulate the Postal Service from interference,” Joseph M. Adelman, a history professor at Framingham State University in Massachusetts who has researched mail history, said.

Election security

The White House didn’t directly answer States Newsroom’s questions about Trump’s views on the independence of the Postal Service or the legal justification for the executive order.

“Election integrity has always been a top priority for President Trump, and the American people sent him back to the White House because they overwhelmingly supported his commonsense election integrity agenda,” White House spokesperson Abigail Jackson said in a statement.

“The President will do everything in his power to lawfully defend the safety and security of American elections and to ensure that only American citizens are voting in them.”

Jackson also called on Congress to pass the SAVE America Act, which would require voters to prove their citizenship when registering. 

The Postal Service didn’t answer questions about how it plans to respond to the order. A USPS spokesperson said only that the Postal Service was reviewing it. 

Lawsuits

Steiner has indicated he’s awaiting a court decision on how to proceed. 

“If a court says that’s not what the law means, we’ll follow that,” Steiner told The New York Times after the executive order was signed. “And so from our perspective, we don’t get involved in policy or law, we just follow the law.”

The order on mail ballots faces at least five lawsuits. The Democratic National Committee, top Democrats in Congress and Democratic state officials have all sued. The legal challenges emphasize the Postal Service’s independence in federal law.

The lawsuit filed by the DNC, top Democratic lawmakers and other Democratic campaign groups, asserts the Postal Service is structured to operate independently of partisan politics. The complaint calls the Postal Service “indispensable” to voting by mail, noting that it delivered more than 222 million pieces of ballot mail in 2024, including nearly 100 million general election ballots.

A dozen Republican state attorneys general filed motions in court this week seeking to defend the executive order from the Democratic legal challenges. The motions call the order an example of cooperative federalism to provide states with optional resources to help protect their elections.

The GOP officials argue the Democrats lack standing to challenge the Postal Service provisions of the order and that their objections are premature because the Postal Service hasn’t finalized any new rules on mail ballots.

The order “simply directs” the Postal Service “to initiate rulemaking—it does not regulate the States directly and it does not directly inhibit anyone’s voting rights,” a court filing by the state attorneys general says.

The states involved in the Republican-led defense of the order include Alabama, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota and Texas.

Vote-by-mail 

Mail-in voting surged in 2020’s general election amid the COVID-19 pandemic, when 43% of voters cast their votes by mail. The percentage of voters mailing their ballots has fallen from that peak but remains above pre-pandemic levels. About 30% of voters cast mail ballots in 2024, according to data gathered by the U.S. Election Assistance Commission.

During the 2024 election, 584,463 mail ballots returned by voters were rejected by election officials — 1.2% of returned mail ballots. About 18% of those ballots were rejected because they didn’t arrive on time.

American Postal Workers Union President Jonathan Smith said in a statement that the Postal Service doesn’t block mailers from sending letters or refuse to deliver letters because of the identity of the sender. Postal workers take extraordinary measures to ensure ballots reach their destinations promptly and securely, he said.

“Postal workers take the sanctity of the mail seriously, and every process and policy of the Postal Service ensures that mail is accepted, processed, and delivered, no matter who sent it or where it is going,” Smith said.

On Monday, more than 100 U.S. House Democrats sent a letter to Trump demanding he refrain from future actions that undermine the Postal Service’s independence and calling on him to rescind the executive order. The letter says the order sets “a dangerous precedent for political interference” in postal service operations.

Senate Democrats followed up with a letter to Steiner and the USPS Board of Governors on Tuesday, urging the Postal Service to not implement the order. The letter, signed by 37 senators, including Minority Leader Chuck Schumer of New York, calls the Postal Service’s independence a “hallmark” of its operations.

“The Postal Service doesn’t care which politicians you may support,” Sen. Gary Peters, a Michigan Democrat, said on the Senate floor last week. “Its only priority is to deliver the mail to every community in the country.”

“The president is now trying to corrupt this mission,” Peters, the top Democrat on the Senate committee that oversees USPS, said. “If the president is successful in forcing the Postal Service to play a role in running elections, he will completely erode the trust of this storied institution.” 

A dozen Republican state attorneys general are moving to defend President Donald Trump’s executive order on mail ballots from legal challenges mounted by Democrats.

The GOP officials, led by Missouri Attorney General Catherine Hanaway, argued in multiple court filings Monday and Tuesday in response to Democratic lawsuits that the March 31 order provides states with “optional resources” to help secure their elections and doesn’t endanger voting rights.

The states “would like to access this resource so they may verify the accuracy of their own voter-registration lists. This flow of information between federal and state agencies is a common and critical feature of our federal system,” the Republican officials wrote in a court document.

The attorneys general of Alabama, Florida, Indiana, Kansas, Louisiana, Montana, Nebraska, Oklahoma, South Carolina, South Dakota and Texas joined Hanaway in the effort.

The order directs the postmaster general to put forward rules that would block the U.S. Postal Service from delivering ballots to or from voters not on lists of approved mail voters provided by states. Democrats and postal law experts have said the Postal Service has no authority over elections.

“The Constitution and multiple court rulings put it in stark terms: the President does not have the authority to issue an executive order that attempts to undermine the ability of states to run their own elections,” more than 100 U.S. House Democrats wrote in a letter to Trump on Monday.

Trump’s order also directs the Department of Homeland Security to compile lists of voting-age U.S. citizens in each state. Democrats allege the Trump administration is building an unauthorized national voter list, despite the U.S. Constitution giving states the responsibility of running federal elections.

The Democratic National Committee, top Democratic lawmakers and Democratic state attorneys general and secretaries of state have all sued to block the order, as have voting rights groups. The Republican state attorneys general are seeking to intervene in those lawsuits.

The GOP officials argue the Democrats lack standing to challenge the Postal Service provisions of the order and that their objections are premature because the Postal Service hasn’t finalized any new rules on mail ballots.

The order “simply directs” the Postal Service “to initiate rulemaking—it does not regulate the States directly and it does not directly inhibit anyone’s voting rights,” a court filing by the state attorneys general says.

The executive order marked Trump’s latest attempt to assert power over federal elections. A previous order that sought to require voters to prove their citizenship was blocked in court. Legislation to impose such a requirement is stalled in the U.S. Senate.

The Department of Justice has also sued 30 states and the District of Columbia for access to unredacted state voter lists containing sensitive personal information, including driver’s license and partial Social Security numbers. While federal courts have so far rebuffed those lawsuits, at least a dozen states have voluntarily turned over the data. 

DOJ plans to share the information with Homeland Security, which will use a computer program to look for possible noncitizen voters.