In its latest effort to reshape federal election policy, the Trump administration has asked the Supreme Court to allow enforcement of an executive order that would impose new restrictions on mail-in voting while legal challenges continue.
On June 29, 2026, the Justice Department filed an emergency appeal asking the Court to pause lower court rulings that blocked parts of Executive Order 14399: Ensuring Citizenship Verification and Integrity in Federal Elections.
The executive order would require mail-in ballots to be sent only to individuals listed on a federal “state citizenship list” compiled by the U.S. Citizenship and Immigration Services and the Commissioner of the Social Security Administration. It also restricts the delivery of ballots with state-individualized barcodes to voters not included on those lists.
Although the administration has argued that the order provides only “general policy guidance” and does not dictate how states administer elections, states that fail to comply could lose federal funding. The order also raises the possibility of federal action against election officials accused of sending ballots to ineligible voters.
In response to the executive order, 23 Democratic states and the District of Columbia have sued the current administration, arguing that the President is acting beyond his authority. Yet the President believes his 2020 loss was due to what he calls ‘inherently corrupt’ mail-in ballots and continues to use federal government resources to pursue a personal vendetta.
The Trump administration argues the order is necessary to prevent noncitizens from voting in federal elections. However, documented cases of noncitizen voting remain extremely rare and are already punishable under federal law. Critically, mail-in voting in recent elections has increased. In fact, in 20224, across both parties, there was about a 30% increase in mail-in ballots. Mail-in ballots are very secure, so much so that there are only four cases of fraud for every 10 million ballots.
Earlier this year, the Supreme Court ruled against the President, holding that election officials may count mail-in ballots that arrive after Election Day, so long as they are postmarked by Election Day. If the Court ultimately allows Executive Order 14399 to take effect, states could face new federal requirements governing how absentee ballots are distributed, potentially creating additional barriers for voters who rely on mail-in voting. The execution of this executive order will impose only an additional requirement to be met.