The United States Supreme Court has rejected Donald Trump’s bid to restrict voting by mail ahead of the November midterm elections, in a setback to the US president’s efforts to change rules governing elections.
The ruling on Monday by the conservative supermajority court allows states to continue sending out mail ballots as they have done for years, dealing a blow to Trump’s plans to stop the ballots before the elections and halting possible last-minute legal actions as voting begins in some states.
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Trump has repeatedly cast doubt on the security of mail-in voting, citing debunked claims of widespread election fraud associated with it. That is despite the president voting by mail himself, including during the 2024 election.
Mail ballots, in place for decades, have been found to increase voter turnout and currently account for a third of all votes cast in the US.
Here’s what we know about the legal challenge to overturn them:
President Trump speaks at the Republican National Midterm Convention in Dallas, Texas, US, September 9, 2026 [Evan Vucci/Reuters]
What are mail-in votes?
Voting by post works by sending ballots to the homes of registered voters, who then mail them back before a deadline.
Eight states, several of them Democratic-leaning – California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont and Washington – as well as the District of Columbia, allow all elections to be conducted entirely by mail.
Others only allow smaller elections to be conducted by mail.
Although there are cases of forgery or repeat voting, they are rare and amount to just four in 10 million mailed votes, according to the Brookings Institution.
What has Trump said about the mail-in votes?
Trump falsely blamed his 2020 presidential election loss on mail-in voting fraud. He and his supporters also opposed changes made during the COVID pandemic to expand mail-in voting.
During the 2020 Republican National Convention, Trump called mail-in voting changes “the greatest scam in the history of politics”.
His attempt to push the SAVE America Act, which calls for sweeping voting laws, has stalled in the US Senate. The bill, passed in the House of Representatives in February, faces opposition over concerns that millions of voters will be disenfranchised.
How did Trump target mail-in votes?
In March 2026, Trump signed an executive order directing the US Postal Service to take control of mail voting by designing new envelopes with special barcodes that would allow the federal government to ensure ballots are only from eligible voters.
For the midterms, that move would force all states to adopt a uniform envelope style in a short time.
The order also required states to provide the US Postal Service with a list of eligible voters ahead of elections. Several government departments, including Homeland Security and US Citizenship and Immigration Services, would also have the voters’ lists.
The postal agency was additionally empowered to deny mailed ballots if they did not comply with new standards or were not associated with registered voters on the states’ lists.
What happened to the order?
Democrats and activists challenged the order in several courts, resulting in a series of back-and-forth rulings between May and August.
US District Judge Indira Talwani imposed an injunction against the rule in June on the basis that it likely violated the US Constitution. Talwani also noted in her injunction that Trump’s executive order would be impossible to apply when the midterms were already so close.
But her ruling was overturned by the conservative-majority Supreme Court in late August in a temporary judgement.
The Supreme Court had not decided at the time whether Trump’s move was constitutionally legal. Rather, it only sided with the Trump administration on procedural grounds after the administration argued that Democrats sued too soon.
What does the latest judgement mean?
In the latest and final decision, the Supreme Court refused to lift Judge Talwani’s injunction.
In a brief written order that did not go into detail, the court noted that the administration was likely to fail in its push to restrict mail-in votes ahead of the midterms.
Justice Brett Kavanaugh, who was appointed by Trump, voted with the majority against the administration, though he indicated he could support the policy at a later stage. Two judges, Samuel Alito and Clarence Thomas, dissented.
Critics have long warned that restricting mail-in ballots could disenfranchise some voters who typically rely on this method.
It could also disrupt the delivery of mailed votes, as some states, including Alabama, North Carolina and Wisconsin, have begun sending in midterm ballots.
WASHINGTON — The Supreme Court has blocked President Trump’s plan to restrict voting by mail, ruling it is too late to impose new postal service rules for the November election.
The justices on Monday turned down an emergency appeal from Trump’s lawyers, who argued the government needed a new and untested system of unique bar codes to track all the ballots of the tens of millions of people who vote by mail.
Instead, the justices left in place a judge’s order that prevents the U.S. Postal Service from enforcing the new rules for the midterm elections.
Concurring, Justice Brett M. Kavanaugh agreed it was too late to enforce the new rules for this election.
Justices Samuel A. Alito Jr. and Clarence Thomas dissented.
The decision in USPS vs. California is a victory for California Atty. Gen. Rob Bonta and the attorneys general for 22 other Democratic-led states who sued to block the new rules.
Last week, they warned there would be chaos and confusion if Trump’s rules were put in effect now.
Bonta cheered the decision late Monday, calling it “a victory for our democracy and a powerful affirmation of the rule of law” in a case where the stakes “could not have been higher.”
“Voting is the fundamental right from which all other rights flow, and all 50 states allow ballots to be cast by mail in some form. In California and several other states, mail voting is the primary way elections are conducted,” Bonta said. “Had this rule been allowed to take effect, the consequences would have been catastrophic.”
He said his office “will remain vigilant in safeguarding our elections,” and urged voters to make their voices heard.
Under the proposed rules, state and county election officials across the nation would be required to enroll each voter with a unique bar code and submit this data to a new online portal that, as of last week, was not yet functioning.
Without the individualized bar codes, states could not send ballots through the mail. In California, that would mean election officials would have to enroll 23 million voters with new bar codes before state ballots could be mailed.
“Compliance with the USPS’ rule would be impossible ahead of the midterms, meaning that millions of voters would be unable to vote by mail and some would not be able to vote at all,” the state attorneys general told the court last week.
The impact would not be limited to Democratic-leaning states. Utah Lt. Gov. Deidre Henderson said it would be “an unmitigated disaster” if the new rules were put into effect now. About 30% of the nation’s voters — and 80% of Californians — cast ballots by mail in 2024.
But Trump has maintained, without providing evidence, that voting by mail leads to widespread cheating and fraud.
In March, he issued an executive order that called on the postal service to do more to “enhance election integrity.”
“Unique ballot envelope identifiers, such as bar codes, enable confirmation that only citizens receive and cast ballots,” he said.
Elections experts say there is no evidence of such widespread fraud, despite robust audits and other searches for it.
State attorneys general argued that the Constitution entrusts states, not federal officials, to conduct elections. While Congress may impose new rules, it is not done to limit voting by mail or to empower the postal service to do so, they said.
Trump and his lawyers maintained the administration had a duty to combat fraud, including in elections.
Solicitor Gen. D. John Sauer described the new rules as “modest measures that will help prevent and restrain potential gross abuses of the mails to perpetrate a fraud on the Nation.”
And he said the federal government, the states and the voting public would face irreparable harm if the new Postal Service rules were not allowed to be applied to the coming election.
But U.S. District Judge Indira Talwani, in Boston, ruled the postal service may not put its new regulations into effect for the Nov. 3 election. She found the Trump administration had presented no evidence to the court of widespread fraud existing, while the states had presented ample evidence that implementing such a system on such a fast timeline posed tremendous risk.
The 1st Circuit Court affirmed her order and said the administration’s lawyers “have not even seriously challenged the … detailed findings about the chaos and widespread disenfranchisement that would occur between now and November 3 should the USPS rule take immediate effect.”
On Sunday, U.S. District Judge Carl Nichols — a Trump appointee — also blocked the new Postal Service rules from being implemented in separate cases brought by the NAACP and Democratic groups, finding they clearly exceeding the Postal Service’s authority in elections.
What the future will hold is unclear. The courts did not declare the new rules to be illegal or unconstitutional, though multiple lower courts have suggested that parts of the plan likely would be — including by exceeding the Postal Service’s authority to intervene in elections.
Much of the debate before the appellate and high court related to the rushed timeline under which the Postal Service was seeking to implement the changes. With that set aside by the Supreme Court’s ruling that the rules will not apply this election, the debate in the lower courts may shift focus to whether the new regulations can be applied to the 2028 elections.
Nevada Secretary of State Cisco Aguilar, chair of the Democratic Assn. of Secretaries of State, said the high court’s ruling was a clear loss for Trump, and that state election officials are ready to continue their fight to protect U.S. elections if necessary.
“This ruling affirms what our Constitution has always held: Elections belong to the American people, not a desperate man in Washington,” he said.
Days after the top elections official in Shasta County announced that he planned to hire an election denier who served prison time for tampering with voting machines, county leaders there made an extraordinary plea to state and federal authorities: Please come investigate.
A statement released by the county Tuesday afternoon said Clint Curtis, the registrar of voters, had made “frivolous” claims and “unproven statements” about the June primary election, which he administered and certified.
“The County condemns the conduct of the Clerk-Registrar of Voters and invites all relevant state and federal agencies to review the allegations he has made and to proactively investigate his official actions and practices as Shasta County’s elections official,” read the statement released by Stewart Buettell, the county’s deputy chief executive officer.
Curtis — whose name was on the ballot, in a race he lost — has sequestered primary ballots in a room in the elections office in Redding, sealing the doors with locks, duct tape and red-lettered signs that read: “KEEP OUT PER ROV CLINT CURTIS.”
Curtis has told reporters that the ballots did not look, feel or smell right and that he had directed facilities workers to put a lock on the room and destroy the keys so that if anyone tries to gain access, they will need a warrant and bolt cutter.
Curtis said he, too, had asked the FBI to investigate.
The county fired back, saying in its statement that it wanted the FBI — as well as the California secretary of state and the attorney general — to investigate Curtis, whose short tenure as registrar has been fraught with controversy.
“Mr. Curtis was appointed to enhance transparency, strengthen election integrity, and restore trust in the democratic process,” the county wrote. “While some progress has been achieved, including the promotion of meaningful observation within the Elections Office, Mr. Curtis has failed significantly in other core responsibilities, undermining the very principles he was appointed to uphold.”
Curtis could not immediately be reached for comment. The FBI field office in Sacramento said it was unable to comment.
The new observation area at the Shasta County elections office.
(Jason Armond / Los Angeles Times)
Shasta County Sheriff Michael Johnson, in a statement Tuesday, said he was “aware of the controversy involving the ROV and ballots,” including claims on social media that he had been requested “to sequester alleged illegal or illegitimate ballots locked in the ROV’s office [and] addressing threats made to burn down the facility.”
Johnson said Curtis had agreed to provide a statement regarding a person who allegedly threatened the facility and that it was “an active investigation.”
“It is the Sheriff’s understanding that the Federal Bureau of Investigations (FBI) is investigating the matter; therefore, Sheriff Johnson is urging members of the public to be patient and await the results of that investigation,” Johnson wrote. “At this point, launching a second investigation could complicate a process already in place.”
In an interview on Lindell TV, created by MAGA conspiracy theorist and MyPillow founder Mike Lindell, Curtis said that the ballots “are being held at my office, which is kind of problematic because it’s a really old building and we have a lot of Antifa people,” including one who “once commented how easy it would be to burn that building down.”
The showdown in Shasta comes as Riverside County Sheriff Chad Bianco — who in February used armed deputies to confiscate more than half a million ballots from last year’s special election for Proposition 50 to determine if they were fraudulently counted — is defending that seizure before the California Supreme Court this week.
The Supreme Court justices hammered Bianco, a Republican who came in fourth in this spring’s crowded California gubernatorial primary, in back-to-back hearings Monday. They appeared poised to order the ballots returned and to sharply limit the sheriff’s power to snatch election materials in the future.
Curtis had worked with the Riverside County citizens group whose fraud allegations sparked Bianco’s investigation, even traveling 600 miles south to speak on their behalf.
Potential hiring of election denier sets off alarm bells
Last week, Curtis drew national headlines by saying he wanted to hire election denier Tina Peters, a former Colorado county clerk who was released early from prison this summer amid a pressure campaign from President Trump.
Curtis, himself a longtime election denier, told The Times in an email that he wanted to hire Peters as a consultant to “to assist with supervision of the November election.”
Tina Peters speaks at the Colorado State Capitol in downtown Denver on April 5, 2022.
(David Zalubowski / Associated Press)
“None of our consultants have access to the voting systems, so she would be insulated from false claims,” he wrote.
Peters was convicted in 2024 and sentenced to nine years behind bars for breaching her county’s voting machines as part of a scheme to show that the 2020 election was rigged against Trump, a claim that has been repeatedly debunked.
She was found guilty of helping an outside computer expert, an associate of Lindell, gain unauthorized access to Mesa County’s Dominion election equipment in 2021 and make copies of its hard drive before and after a software upgrade.
Shasta County officials told The Times that any prospective employee or consultant would have to go through the same hiring process as anyone else seeking employment with the county.
Talk of hiring Peters drew swift condemnation from California lawmakers, and Gov. Gavin Newsom’s office said it was looking into whether a contract with Peters violated state law.
And on Aug. 19, Sens. Alex Padilla and Adam Schiff, both Democrats, wrote in a letter to California Secretary of State Shirley Weber that they had “grave concern” about Curtis’ plan to hire Peters.
“We are concerned that this hiring decision in Shasta County has less to do with Ms. Peters’ qualifications, and more to do with the President’s obsession with interfering in the midterm elections,” they wrote.
The senators said that if the county hires her, Weber should “provide the maximum oversight possible to ensure that Ms. Peters does not improperly access ballots, voting systems, or sensitive information that could impact the rights and privacy of the over 100,000 registered voters in Shasta County.”
Controversy and censure
Curtis, a 68-year-old attorney, was appointed by the Shasta County Board of Supervisors in the spring of 2025 to fill the position vacated by two previous registrars who resigned for health reasons.
Curtis lived in Florida then, had no previous ties to the area and had never run an election. He got the position after advocating for hand-counting ballots and bragging in a public job interview that he had worked with Lindell.
He promptly eliminated nine of the vast, mostly rural county’s 13 ballot drop boxes. He accused his predecessors, without evidence, of stuffing ballots to sabotage conservative Republicans, and repeatedly called on federal authorities to raid the office and seize ballots from previous elections.
The Board of Supervisors censured Curtis on Aug. 11 for his treatment of staff.
A ballot drop box at the Shasta Lake Visitor Center in February.
(Jason Armond / Los Angeles Times)
He responded by inviting reporters to the elections office in downtown Redding, where he shared security footage that, he said, showed employees breaking into a room in the building. He allowed reporters to take video of the footage.
The county condemned those actions in an Aug. 14 news release, saying he “has repeatedly been advised of appropriate procedures for addressing and investigating personnel matters and advised of the importance of maintaining confidentiality of such matters.”
Earlier this spring, the county released the findings of two personnel investigations into Curtis’ conduct that were spurred by concerns raised by elections employees and their union representatives.
An internal investigation and an external inquiry by Oppenheimer Investigations Group found that Curtis made phone calls related to his own campaign during county work hours and casually threatened to kill, spank, slap or “throat punch” staffers.
He threatened to have one employee dragged out of the office by their hair, according to an internal investigation report by Monica Fugitt, the county’s director of support services, who wrote that he had “demonstrated a clear pattern of unprofessional and abusive conduct toward staff.”
In its statement Tuesday, the county said he “has made and continues to make unsubstantiated accusations of illegal activities against employees without due process or an investigation.”
Buettell, the deputy chief executive, told The Times that the county does not have the power to terminate Curtis’ employment because he was appointed to fill a vacancy in an elected position.
“As soon as they assume that office, it’s as if they were elected,” Buettell said. To be removed from the office, he said, Curtis would have to be recalled by voters.
California and a coalition of other Democratic-led states sued again Wednesday to block the U.S. Postal Service from implementing new nationwide rules for mail ballots, arguing they usurp state authority over elections at President Trump’s behest, expose voter information unnecessarily and threaten chaos in the rapidly approaching November election.
The Postal Service formally issued a 95-page “final rule” on Friday asserting that it was amending its mailing standards for mail ballots in federal elections to comply with Trump’s March executive order.
Trump demanded the rule changes as part of a broader plan to combat what he alleges — without evidence — is widespread voter fraud in the U.S., including by noncitizens voting through the mail. Election experts say there is zero evidence of such problems existing at scale.
“This mail-in voting rule is an unlawful overreach that shows just how far President Trump will go to control elections, but as I’ve said before, this fight is far from over and we are confident that the facts and the law are on our side,” California Atty. Gen. Rob Bonta said in a statement.
“Donald Trump does not run elections. States do. And his latest attack on democracy is proof of how weak he has become,” said Gov. Gavin Newsom. “California will continue to lead the way in defending democracy — using every tool at our disposal and every minute in our day. This perilous moment in history demands no less from us.”
The new postal rules require states to submit lists of eligible voters — including their names and addresses — to the Postal Service, and to use new ballot envelopes with digital barcodes that would allow the Postal Service to identify and reject ballots that don’t match those lists.
The rules do not give the Postal Service authority to dictate which voters may appear on state lists. However, the rules do acknowledge that the lists would provide state voter data to federal law enforcement for the first time, and would put those authorities in “a better position to identify any potential issues regarding compliance with federal law that may merit further investigation.”
Trump’s March executive order also required the Department of Homeland Security to use available federal data to compile its own state lists of eligible citizen voters, ostensibly to compare them with the mail voter lists provided by the states to the Postal Service, and identify and pursue any ineligible voters.
Wednesday’s lawsuit follows a Monday decision by the U.S. Supreme Court that found an earlier challenge from the states was premature, in part because it sought court relief to a rule-making process that required nothing of the states and before the Postal Service had moved to implement any changes.
“On Monday, the U.S. Supreme Court declined to fully close the door on the President’s attempt to interfere in our election administration. Today, we’re taking legal action to stop this unlawful rule in its tracks and ensure that voters can exercise their constitutional right to vote,” Bonta said.
The White House did not immediately respond Wednesday to a request for comment on the latest lawsuit.
However, it has defended Trump’s executive order as overdue and badly needed to secure U.S. elections, and hailed the Supreme Court’s ruling allowing the rule-making to proceed as “a major win for the security of American elections.”
“These are commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders,” White House spokeswoman Lauren Bis said.
The high court allowed the Postal Service to move forward with its work to comply with Trump’s order, but explicitly noted that it had reached no conclusions as to the legality of the pending rules.
Trump administration officials have said they are pursuing fraudulent voters, and have warned state election officials that they could face legal consequences personally if they don’t do everything in their power to prevent voter fraud, including by noncitizens.
Critics contend Trump’s executive order was devised as an end run around laws and a slew of recent court rulings blocking the Trump administration’s demands for state voter rolls — which states, including California, have refused to provide.
States have argued the administration’s demands are in bad faith, intended to bolster Trump’s baseless claims that U.S. elections are compromised rather than enhance election security.
In issuing its new rules, the Postal Service rejected a slate of concerns from critics who submitted comments on the proposed rules, including that the changes are being proposed far too close to the November election and will cost states and localities a huge amount of money to comply with.
It also rejected concerns that creating a single nationwide voter database — which has never existed before — will provide a massive new target for foreign adversaries and other bad actors interested in disrupting U.S. elections.
The Postal Service concluded that the cost to the states is outweighed by the benefits of the changes. It said it has sufficient staffing to implement the changes, and is ready to safeguard the database it builds using “multi-layered security controls.”
The lawsuit, brought by 24 state attorneys general and the governor of Pennsylvania, asks for immediate court intervention to halt the Postal Service changes from being implemented while the litigation continues.
“Let’s be clear: the U.S. Constitution gives states the power to regulate elections — not the President and not USPS,” Bonta said. “Ballots are an extension of our voices and we’re asking the court to ensure that every person has the right to make theirs heard.”
Independent voting rights groups have also sued to block the Postal Service rules from being implemented.
WASHINGTON — The Supreme Court cleared the way Monday for President Trump to seek new limits on the use of mail ballots, but they are not likely to take effect this year.
Acting by a 6-3 vote, the court’s conservatives granted an emergency appeal from Trump’s lawyers and set aside a judge’s order that blocked new federal regulations on states and their use of mail ballots.
It’s not clear, however, what happens now, since the midterm elections are less than three months away.
About 30% of the nation’s voters — and 80% of Californians — cast their ballots by mail in 2024. Trump, however, has long maintained the voting by mail leads to fraud, including voting by noncitizens.
The court’s order stressed the new regulations do not put new requirements on the states this year.
Trump’s executive order “is internal directive from the President to his subordinates mandating that certain agencies pursue certain policies. It neither requires nor forbids anything of anyone outside the Executive Branch,” the court said.
The Department of Homeland Security will compile state-by-state lists of citizens who are over 18 and eligible to vote.
“States are not required to use the Lists,” the court said, although they could lead to future prosecutions.
The most disputed provision could have authorized the Postal Service to restrict mail ballots to those who are on the Homeland Security lists, but that is a future proposal, not a rule that will take effect this year.
The unsigned order spoke for the six Republican appointees. The three liberals, all Democratic appointees, dissented into two separate opinions.
Justice Ketanji Brown Jackson said Trump’s order was unlawful and should have been struck down. “It needlessly injects chaos and uncertainty into the upcoming midterm elections,” she said.
“Today’s decision does not address whether the President’s attempts to interfere with States’ administration of the November 2026 elections are lawful,” Justice Sonia Sotomayor wrote in a dissent joined by Justice Elena Kagan. “Nor does it suggest that the Executive Branch has any constitutional or statutory authority to implement the President’s directives. Instead, today’s decision merely postpones adjudication of those challenges.”
Trump issued his executive order on March 31 with the aim of “ensuring citizenship verification” in federal elections. California and 22 other Democratic-led states sued a few days later and said Trump sought to use the Postal Service to impose new restrictions on voting by mail. They also argued the Constitution gives states and Congress the power to regulate elections, not the president.
A federal judge in Boston and 1st Circuit Court agreed with the challengers and blocked Trump’s executive order from taking effect for the November elections.
The case on appeal was Trump vs. California because California Atty. Gen. Rob Bonta was a leader of the Democratic state attorneys who sued.