WASHINGTON — An appeals court on Thursday upheld a block on President Trump’s executive order limiting mail voting, a decision that comes as the Supreme Court considers the same case and states have already started sending out ballots for the high-stakes midterm elections.
The three-judge panel refused to lift a preliminary injunction against the order issued last week by U.S. District Judge Indira Talwani. It prohibits the U.S. Postal Service from implementing Trump’s directive. The Postal Service has said it would not deliver ballots from states that did not pre-clear their envelope design with the federal government and submit a list of voters to an online portal, which has yet to be activated.
Election officials warn that it’s impossible to comply with those terms, especially with the first mail ballots already being sent out in Alabama, North Carolina and Wisconsin.
The panel of three judges nominated by former President Biden agreed with the plaintiffs that the president does not have the power to regulate states’ election policy.
“Appellants have not made a strong showing that the district court erred in determining that the Final Rule is likely unlawful,” they wrote, a reference to a rule published by the Postal Service to implement Trump’s order.
The panel wrote that the Trump administration had done little to dispel arguments by many election officials that the changes would bring “chaos and widespread disenfranchisement.”
“Indeed, appellants have not even seriously challenged this aspect of the district court’s ruling, much less demonstrated why it is clearly erroneous,” the order states.
The government also hasn’t shown evidence of past fraud to justify the restrictions, the judges said.
A request for comment from the White House was not immediately returned.
The panel’s decision comes even as the Supreme Court is already considering the same case, which is part of a frenzied legal rush as states are beginning to send out mail ballots for this fall’s midterm elections. Democrats and civil rights groups in a separate lawsuit in Washington, D.C., also are trying to halt the executive order.
The 1st Circuit also had upheld a previous hold Talwani placed on the executive order. But that ruling was lifted by the Supreme Court in a procedural decision that did not determine whether the plan was constitutional.
The plaintiffs swiftly filed new lawsuits after the Postal Service finalized its rule governing mail ballots.
Riccardi and Whitehurst write for the Associated Press.
BOSTON — A federal judge in Boston said Thursday the U.S. Postal Service has told her nothing about how it would implement a plan to regulate mail ballots for the midterms as she considers whether to let the plan proceed in the weeks before Election Day.
U.S. District Court Judge Indira Talwani is deciding whether to extend her prohibition on the proposed regulation of mail ballots, an effort undertaken as part of an executive order by President Trump. The hearing in the closely watched case came a day before the first state begins sending mail ballots to voters.
“We are 70 days from the election and I have nothing from the USPS about how this will happen,” Talwani told Michael Velchik, the Justice Department lawyer representing the Postal Service.
Last week, Talwani imposed a 14-day temporary restraining order to keep it from being used. That order expires next week as more states begin sending out mail ballots. Velchik said the administration will most likely go to the Supreme Court by the end of the week to seek permission to resume implementing the plan.
Talwani has been here before. In June, she prohibited the administration from implementing Trump’s order for the November election, ruling the changes came too close to voting for the federal government to embark on such a project.
But the Supreme Court late last month ruled that Talwani’s order was premature because the Postal Service had not yet published regulations governing how it would apply Trump’s order. The agency did so just before the high court ruling came down, prompting Democrats and voting rights groups to swiftly re-file their lawsuits.
They counter that the president has no authority to set election rules, which is a power designated in the Constitution to the states and in some cases Congress.
They won an initial victory with Talwani’s restraining order, which has already been appealed by the administration.
Trump has long opposed mail voting and falsely blamed it for his 2020 election loss to Democrat Joe Biden, even though he often uses that method to cast his own ballot.
Election officials say there’s simply no way they can comply with the Postal Service directives, which could require a complete overhaul of their operations. Before it delivers mail ballots for any state, the Postal Service would have to approve the design of the envelopes that contain them and have the state upload a list of voters receiving them to an online portal.
Some ballots have already gone out. A few municipalities in Wisconsin opted to send mail ballots to voters earlier this week, but Friday marks the full kickoff of voting as North Carolina starts shipping its mail ballots to all voters who requested them.
The administration has contended the changes are relatively minor and legal. But the portal was still not active this week, and most election offices have already printed their envelopes and ballots.
Velchik told Talwani that the federal government is offering states the choice to opt into the system. But the Postal Service has yet to identify a single state that has done so.
A whistleblower report made public this week warns that the postal system’s requirements could lead to millions of mail ballots never being sent. The new rule requires all ballots to be physically brought to post offices before being mailed to voters, but if a single one’s bar code registers an error, the whole batch gets thrown out, even if it contains tens of thousands of legitimate ballots.
Riccardi and Casey write for the Associated Press. Riccardi reported from Denver.
The U.S. Postal Service is poised to launch a hastily built, error-riddled computer system that could jeopardize the process of mail voting relied upon by one-third of all voters, according to a whistleblower statement released Tuesday by Democratic Sen. Richard Blumenthal.
The effort is part of the implementation of President Trump’s executive order limiting mail voting and has been temporarily halted by a federal judge. The ruling is being appealed by the administration and the directive may ultimately end up back before the U.S. Supreme Court.
The disclosure from the unidentified whistleblower contends that the Postal Service has been scrambling to try to build a complex system that would normally take a year or more in only three months, sometimes in defiance of the judge’s orders halting work. The goal is to have it ready for use in the midterm elections.
The disclosure contends that, due to the new procedures, a single scanning error in a batch of tens of thousands of ballot envelopes could prevent any from reaching voters. It details a system that election officials have already warned could not be implemented before the first mail ballots begin going out Friday in North Carolina.
“The Postal Service has designed a system to disenfranchise millions of Americans,” Blumenthal told reporters in advance of releasing the whistleblower information. “This administration seems hell-bent on changing the framework on casting ballots in this country clearly for political reasons.”
Executive order is subject to furious court action with midterms nearing
Trump’s executive order, signed in March, directed U.S. Citizenship and Immigration Services and the commissioner of the Social Security Administration to develop state citizenship lists and then required the Postal Service to send mail ballots only to voters who are on such a list. Ballot envelopes would have to comply with new Postal Service rules and include bar codes.
The online portal that is the subject of the whistleblower complaint is intended for states to deliver their lists of verified voters to the Postal Service.
The Postal Service did not comment on Monday night. The White House did not immediately respond to a request for comment Tuesday. The White House has called the mail voting provisions “commonsense measures” necessary to combat fraud.
Trump has long opposed voting by mail, even though he has repeatedly used the method to cast his own ballot. He falsely blamed mail voting for his 2020 election loss and has spent years spreading conspiracy theories about it. A report by the Brookings Institution published in 2025 found that mail voting fraud occurred in only about four cases out of every 10 million mail ballots cast.
Since returning to office, Trump has said Republicans should be “taking over” vote counting in Democratic areas and launched a sweeping attempt to reinvestigate the 2020 election, despite a mountain of evidence that he lost fairly to Democrat Joe Biden.
Until Trump came out against mail voting in 2020, the system was used equally by both parties. Since then, it has become more common among Democratic voters. More than 29% of all voters in 2024 cast their ballots through the mail.
After Trump issued his executive order, Democrats and civil rights groups sued and eventually won a ruling from U.S. District Court Judge Indira Talwani in Boston barring implementation of the system before the November midterms. But without ruling on the legality of Trump’s order, the Supreme Court’s conservative majority last week found that was premature and overruled Talwani, momentarily clearing the way for its implementation.
On the night of Aug. 21, the Postal Service released a final rule outlining how it would implement the order.
It said it would only send mail ballots for states that got approval for the design of their envelopes and submitted a list of voters receiving them through the still-not-active online portal. That rule gave plaintiffs a chance to sue again, and Talwani on Thursday night issued a 14-day restraining order against implementation of the measure.
Whistleblower complaint says portal development is rushed and sloppy
The letter from Blumenthal and an accompanying summary of the whistleblower’s statements says the Postal Service began work on the portal on June 15 and stopped on June 25 after Talwani’s initial order. Then on July 29, the Postal Service restarted the work. That was when the administration appealed the judge’s order to the Supreme Court. The high court did not strike Talwani’s injunction down until Aug. 24.
Talwani last week found the Postal Service violated her order by continuing to work on the final rule, but she imposed no sanctions on the government. On Monday, she issued a ruling refusing to lift the restraining order that also said the Postal Service could continue work on its portal, as long as it wasn’t forcing states to use it.
In its summary of the whistleblower’s statement, the group Whistleblower Aid says the hurried construction of the portal, with a goal of being active on Tuesday, meant it did not undergo full testing.
“The apparently sloppy and rushed manner in which the Federal Ballot Mail Portal and supporting IT systems are being built poses significant risk,” the group wrote. “Potentially millions of American voters may not receive their mail-in ballot this election cycle in a timely manner, or at all.”
The statement also says the Postal Service is implementing a “zero percent” rule in which any errors in any mail ballots sent out by an election office could lead to all of them being discarded — even if it’s simply one problem amid tens of thousands of legitimate ballots.
The rule requires ballots to be handled in a physical post office by an election official. Those will then be scanned to ensure they match the voter database. During three layers of checks, a single apparent error could cause the whole batch to be rejected, the statement says.
Blumenthal said he has “a very strong hope and some faith that our system of justice will strike down this unconstitutional and unconscionable rule.” But, he added, if it somehow goes into effect for the midterms, he would not advise voting by mail.
Riccardi writes for the Associated Press. AP writer Lindsay Whitehurst contributed to this story.
A federal judge on Wednesday lifted a major obstacle to President Trump’s executive order limiting mail voting, even as Democratic state officials filed a new court challenge with the midterm elections fast approaching.
The fresh round of legal wrangling comes just two days after the Supreme Court handed down a procedural ruling in Trump’s favor, and could mean the issue lands before the high court again before the pivotal contests for control of Congress. The first mailed ballots are set to be sent out next week.
U.S. District Judge Indira Talwani in Boston agreed to lift an order prohibiting the U.S. Postal Service from carrying out Trump’s order for November’s elections. She wrote that she was “compelled” to do so after the Supreme Court’s conservative majority ruled that a similar injunction she granted in a separate case was premature.
Talwani nevertheless said the executive order could unleash “chaos” and referred to it as “likely unconstitutional.”
The administration can now move forward and implement a Postal Service rule published late Friday. It would require states to follow a uniform envelope style for mail ballots and to give the Postal Service a list of voters eligible to receive them. Talwani found on Tuesday that the rule’s issuance technically violated her injunction, but she declined to penalize the administration.
The new lawsuit, filed by about two dozen Democratically controlled states against the U.S. Postal Service, marked a new phase in the high-stakes litigation creating confusion around the midterm elections.
It came after the Supreme Court ruled against them in a separate case, but did not say Trump’s order was legal.
The high court majority found the initial Democratic lawsuit was premature, but that was before the Republican administration issued a rule governing Postal Service delivery of mail ballots. Election officials warn it will be impossible to implement before the first wave of mail ballots are sent out next week.
“Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans’ right to vote,” New York Attorney General Letitia James, one of 25 Democratic attorneys general filing the lawsuit, said in a statement. “USPS has no authority to decide who can and cannot vote by mail.”
The Trump administration plan faces a third lawsuit originally filed in May in the nation’s capital, though judges there have so far declined to block it.
All previous challenges were filed before the administration published its mail ballot rule Friday night.
White House spokesperson Lauren Bis on Wednesday said the Postal Service’s proposals were “commonsense measures that protect the security of mail-in ballots” and that the administration would continue to work to implement them to boost “the safety and security of our elections.”
The Postal Service said it would not comment because of the pending lawsuit.
National Democrats on Tuesday cited the rule in asking the federal judge in the Washington case to block Trump’s order after he declined to do so last spring, saying the administration at the time had not taken concrete action. In Boston, Talwani also found that the administration had violated a separate injunction she had placed on the Postal Service in drafting the new rule, although she did not take any action against the government.
Talwani had issued the injunction against Trump’s executive order in the prior Democratic state case, which is the one the Supreme Court overturned on Monday. She also issued a second injunction Aug. 11 in a case filed by the League of Women Voters and other voting rights groups, while the Supreme Court was considering the administration’s appeal of the judge’s first order.
Trump has long targeted mail voting, which he falsely blames for his 2020 election loss and is disproportionately used by Democrats as a result of Trump’s condemnations. Since returning to power, Trump has tried to claim authority over election rules, saying he thinks Republicans should “take over” vote counting in Democratic areas.
He issued his first election executive order just months after retaking office, attempting to require documentary proof of citizenship to vote, among other changes. He has also been pushing a sweeping election bill that has stalled in the Senate amid opposition from Democrats and even some within his own party.
Riccardi and Whitehurst write for the Associated Press.
Big-city mayors are giving poll workers panic buttons in case election skeptics question their work. County and state officials are gaming out responses to immigration raids near voting centers.
Lawyers for Democratic states and civic groups are pre-writing legal challenges to ballot seizures. And Democratic aides in Washington are preparing members of Congress to push back in the court of public opinion against any baseless claims of voter fraud in competitive districts.
Across California and the nation, civic organizations, voting rights advocates and Democratic leaders are preparing for a raft of potential actions by the Trump administration to interfere in, subvert or deny November’s midterm vote.
President Trump, an election denier for years, has without evidence described the U.S. election system as badly corrupted by fraud and dangerously vulnerable to both domestic and foreign interference.
He has said he would do “anything necessary” to have “honest elections,” and has tried since returning to office to unilaterally rewrite the rules for voting nationwide and wrest control of elections from the states through executive orders and other administrative measures.
Now, he has declined to rule out additional and unprecedented steps to force his will on the November election, including through emergency declarations and military deployments, and in February suggested Republicans should simply take over voting in blue states.
Election experts say there is no evidence of widespread voter fraud in American elections, despite Trump’s allies searching for years.
A worker looks through ballots at a Los Angeles County Ballot Processing Center on Monday, June 8, 2026 in City of Industry, CA. Counting continues on ballots cast for the state’s primary election held June 2.
(Eric Thayer/Los Angeles Times)
Much of the work to resist any Trump interference or power grab is being done quietly to avoid revealing too much of the strategy to the Trump administration or stoking unnecessary fear among voters.
It is designed to match what Trump’s opponents see as his three-part “interference playbook” — to “deceive” voters before the election, “disrupt” the vote itself and “deny” any unfavorable results after, said Justin Vail of Protect Democracy, a prominent litigant against the administration.
“The threats are real,” Vail said, “but the preparation is larger and more coordinated than ever before.”
The scenarios being planned for include the president deploying troops or immigration agents to polling sites to intimidate voters, fomenting unrest as a pretext to declare a national emergency, claiming fraud in the ballot counts of key congressional races or commanding the U.S. Postal Service to intervene in mail ballot delivery.
All told, the efforts amount to an unprecedented exercise to ensure the nation’s elections are safe from its own federal government.
They also reflect a deterioration in trust between states and counties overseeing elections, voting rights and pro-democracy advocates and a federal administration that has denigrated their work and tried to take control of voting away from states.
As public frustration with the economy mounts and Trump’s approval rating sinks, Democrats have become hopeful their party will retake power in Congress. Trump, meanwhile, has suggested that alleged election integrity problems will be the culprit if Republicans lose.
In California, 61% of voters recently identified federal inference in November as a “major concern,” according to a UC Berkeley Institute of Governmental Studies poll co-sponsored by The Times.
“We are taking this threat really seriously,” said Sen. Adam Schiff (D-Calif.), who helped form a Senate task force to prepare. “Politically, I’m very optimistic about the midterms. But I’m also deeply concerned with the president’s willingness to interfere with them — and the fact that, unlike even in 2020, where there were at least some people around him to try to constrain what he was doing, all those people are gone.”
President Donald Trump is seen on a screen as his supporters cheer during a rally on the National Mall on January 6, 2021 in Washington, DC. Trump supporters gathered in the nation’s capital today to protest the ratification of President-elect Joe Biden’s Electoral College victory over President Trump in the 2020 election.
(Samuel Corum / Getty Images)
Much of the work is legal preparation among Democratic state attorneys general and lawyers with leading civic organizations. Nothing is being ruled out after Trump’s supporters, at his goading, violently attacked the U.S. Capitol on Jan. 6, 2021, following his 2020 election loss to Joe Biden.
Other preparation is political, as members of Congress, mayors and other elected officials position themselves to use their bully pulpits and legislative powers to punch back. And grassroots campaigns are also unfolding, as community leaders recruit voters to defend their local elections, including online.
“This is an all-hands-on-deck task,” said Skye Perryman, president of the nonpartisan legal organization Democracy Forward. “We’re anticipating scenarios we haven’t seen before in the United States.”
Trump, who has never accepted his 2020 loss to Biden despite scores of reviews and audits confirming the result, has consistently sought to undermine Americans’ trust in elections, telling the nation in a prime-time speech last month that the voting system was “broken” and claiming that the SAVE America Act, a strict Republican-proposed voter ID and citizenship measure, is necessary to fix it.
The White House said it wouldn’t respond to hypothetical questions about the midterm election, but said anyone who breaks voting laws will be held accountable. Lauren Bis, a White House spokesperson, blamed “extreme liberal Democrats” for undermining U.S. confidence in elections by blocking the SAVE America Act, which Trump has failed to push through Congress.
Bis claimed voters support such changes, and said “President Trump is absolutely right: We fix this now, or we lose our country.”
Causes for concern
The fears of interference are driven by Trump’s long record of election denial; his recent insistence that the midterms are vulnerable to both domestic fraud and foreign interference; his success installing loyalists and fellow election deniers in powerful positions throughout his government; and his current administration’s many attempts to usurp control over state voting processes, including through executive orders, lawsuits and legislation.
Sen. Majority Leader John Thune (R-SD) (C) departs after a meeting with U.S. President Donald Trump and Republican senators at the U.S. Capitol on June 24, 2026 in Washington, DC. President Trump is visiting Capitol Hill to attend a closed-door luncheon with the Republican Senate Steering Committee to push his SAVE America Act, which would impose strict voter ID and proof-of-citizenship requirements in federal elections.
(Kevin Dietsch / Getty Images)
Some analysts saw Trump’s speech last month as laying the groundwork for greater intervention in November, and he raised further alarm this month by entertaining a suggestion from conservative radio host and election conspiracy theorist Wayne Allyn Root that the president has “the right to declare a national security emergency” to unilaterally enforce new voting restrictions.
“Stranger things have happened,” Trump responded.
The White House has previously downplayed the likelihood of immigration agents being deployed to polling locations, but Trump has refused to rule it out. Legal experts say such a move would probably be swiftly blocked by courts, as would any unlawful deployment of military troops to polls.
Some voting experts said Trump’s efforts shouldn’t be blown out of proportion, particularly given federal courts’ dim view of them to date.
David Becker, executive director of the nonpartisan Center for Election Innovation & Research, noted Trump’s executive orders on elections were blocked, the Justice Department is 0 for 23 in cases demanding state voter rolls, and the primaries have run smoothly with high turnout — showing the president is “having very little effect.”
Kim Alexander, president of the California Voter Foundation, said it is “important that people be aware that there are threats, but to not let those threats be debilitating” or prevent them from voting.
Civic experts are urging regular voters to help debunk misinformation about voting within their communities. Democracy Forward has asked people to take one civic-minded action per day leading up to the election, while Indivisible, a progressive grassroots organization, is training volunteers nationwide to mount public push-back to any interference.
Coordination in Congress
A Senate aide who spoke with The Times on condition of anonymity said members of the Senate task force meet regularly to plan for as many potential forms of interference as possible — and that there is “no bottom” to what they’re considering.
Task force members are studying nuanced local election laws to understand how Congress members should respond to any federal interference in their home states, and working on “coordinated messaging” that all members can use in response to immigration raids or other broad interference, the aide said.
National Guard troops stand in the shade at The Park at LeDroit in Northwest on August 12, 2026 in Washington, DC. U.S. President Donald Trump is claiming credit for Washington’s dramatic crime decline a year after Trump sent thousands of National Guard troops to the nation’s Capitol, but the evidence shows crime was already falling before his federal intervention and the extent to which his policies accelerated that decline remains disputed.
(Andrew Harnik / Getty Images)
They are also reading “line by line” through recent legal decisions limiting National Guard deployments and other federal actions to identify any “loopholes” the administration might exploit.
They are paying particular attention to districts with competitive congressional races and where past problems have arisen. In California, they’ve studied the recent seizure of ballots by Riverside County Sheriff Chad Bianco and the criticism of slow ballot counting statewide, the aide said.
Schiff said the scenario he is “most concerned” about is one in which the president or his allies “seed” unrest in big cities to “give the president a pretext, Reichstag fire-like, to call out the military or invoke the Insurrection Act or call out ICE or Border Patrol.”
The Reichstag fire erupted in the German parliament four weeks after Adolf Hitler was sworn in as chancellor in 1933, and was used to justify a sweeping crackdown on political opponents and the suspension of civil liberties — ushering in Nazi rule.
Schiff said lawsuits will be a necessary but “very imperfect remedy” in such a scenario, and Democrats will need to develop a more robust response combining “litigation with mobilization” and legislative oversight.
Sen. Alex Padilla (D-Calif.), the ranking Democrat on the Senate Committee on Rules and Administration, which has election oversight, is helping to create an election observer program for hotly contested races, and has warned his colleagues that he will call a vote on any election-related emergency Trump declares, so that they must co-sign or resist it.
Separately in the House, staffers have been building their own “road map” for how to deal with a laundry list of “terrible things that bad-faith actors who seek to subvert the election could do,” with a principal focus on any ways they might disrupt the Jan. 3 swearing in of new Congress members, said a House aide involved in the preparations there, who spoke with The Times on the condition of anonymity.
The U.S. Capitol, on July 20, 2026 in Washington, DC.
(Tom Brenner / Getty Images)
House staffers are also looking at how court imposed limits on Trump’s emergency powers might be “exploited, weaponized [or] ignored” by the administration, including the Justice Department.
A Justice Department spokesperson said the department is “working diligently” to fulfill the demands of Trump’s election-related executive order purporting to “strengthen the integrity of our elections,” which courts have blocked, and has “statutory authority to enforce our nation’s election laws, including through requesting state voter rolls,” which courts have also blocked.
Assistant Atty. Gen. Harmeet Dhillon, who heads the department’s civil rights division and has threatened local elections officials with legal consequences if they don’t comply with her voter roll demands, said her division “has a statutory mandate to enforce our federal voting rights laws, and ensuring the voting public’s confidence in the integrity of our elections is a top priority of this administration.”
State and local preparations
California Atty. Gen. Rob Bonta said attorneys from his office and similar Democratic ones across the country are “hard at work planning, preparing, strategizing, researching, getting ready for all the different ways the Trump administration can break the law.”
California Attorney General Rob Bonta, right, holds a press conference at the Ronald Reagan State Building in downtown Los Angeles on Thursday, May 14, 2026.
(Christina House/Los Angeles Times)
That includes any attempts to seize ballots, deploy federal law enforcement or the military, or command the U.S. Postal Service to interfere with mail ballots, he said. “The right to vote is the right from which all other rights flow. It’s fundamental. We need to protect it.”
Dean Logan, registrar-recorder and county clerk for Los Angeles County, said he has a responsibility to ensure that “election operations remain secure and uninterrupted” no matter the threat, and is taking steps to do so, though he declined to address potential acts by Trump. Long Beach Mayor Rex Richardson said big cities are also preparing, including to prevent harassment of voters or election workers.
“Cities are where we host vote centers. It’s where the volunteers come from, where people go with their questions,” Richardson said. “We have to pay attention to national rhetoric. We have to be aware of anxiety that might — tensions that may — arise.”
