Judge hands Trump mail-ballot win for now as Democrats’ next move looms

Judge hands Trump mail-ballot win for now as Democrats’ next move looms

The order directs DHS to compile citizenship lists and USPS to only deliver mail ballots to those on them

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Trump signs executive order on mail-in voting

President Donald Trump acknowledges potential legal challenges to his mail-in voting executive order, but signs it in anticipating of objection by 'rogue judges.'

A federal judge declined Thursday to block President Donald Trump’s executive order targeting mail ballots, delivering a blow to Democrats who claim the order could disenfranchise millions of voters.

The executive order, signed March 31, directs the Department of Homeland Security to compile a list of all adult U.S. citizens living in each state and would direct USPS to deliver mail ballots only to individuals appearing on the lists. U.S. District Judge Carl Nichols, an appointee of President Donald Trump, ruled that the plaintiffs' request for an injunction against the order came too early.

"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, they have not suffered any harm at present," Nichols wrote. "For the foregoing reasons, the Court denies Plaintiffs’ Motions for a Preliminary Injunction."

WITHIN MINUTES OF TRUMP SIGNING VOTER DATABASE ORDER, DEM STATES THREATEN LAWSUITS

President Donald Trump displays a signed executive order in the Oval Office of the White House in Washington, D.C., on March 31, 2026. The order aims to make it harder for voters to cast mail-in ballots. (Aaron Schwartz/CNP/Bloomberg via Getty Images)

Democrats and voting rights groups argued that, under the Constitution, state legislatures and Congress are responsible for regulating federal elections, not the president. The order, according to the plaintiffs, could also force USPS to make rules about elections that go beyond its authority.

Trump’s executive order, meanwhile, frames itself as an attempt to enforce federal voting laws, which the president says the executive branch is obligated to do under Article II of the Constitution.

Though Democratic plaintiffs claimed in court that the order could infringe on the constitutional rights of states to regulate their own elections, Nichols ruled the claim too speculative at the current moment. The judge, however, did not rule on the merits of the Democratic arguments and said that they could demand an injunction again once the federal government begins the process of actually implementing the executive order.

REPUBLICAN SENATORS BLAST DEMOCRATS FOR 'FEAR-MONGERING' OVER ELECTION SECURITY SAVE ACT

President Donald Trump demanded no changes to the funding deal he brokered with Senate Democrats as House Republicans push for voter ID laws amid intensified ICE operations and political tensions in Minnesota. (Bonnie Cash/UPI/Bloomberg via Getty Images)

"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," the judge wrote.

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

POSTAL SERVICE THRUST INTO MAIL-IN BALLOT FIGHT AS TRUMP ORDER GETS TIED UP IN COURT

A Virginian woman casts her ballot at the Loudoun County Office of Elections and Voter Registration in Leesburg on Sept. 19, 2025, the first day of early voting in the gubernatorial race. She is accompanied by her pet dog. The race features incumbent Abigail Spanberger facing Winsome Earle-Sears, who would become Virginia's first female governor if elected. (Graeme Sloan/Bloomberg via Getty Images)

One of the primary concerns raised by Democrats is that the executive order directs DHS to use Social Security Administration data, which they claim contains errors and could therefore deprive eligible voters of ballots.

Trump’s order requires that the citizenship lists be transmitted to states within 60 days of federal elections and provides opportunities for individuals and states to correct the lists as necessary in order to address concerns about data inaccuracies.

Trump has long claimed mail voting is vulnerable to widespread fraud, while election officials and voting experts have said such fraud is rare.

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Large numbers of voters identifying with both major parties have reported voting by mail, but Democrats do so more often.

The White House did not respond to a request for comment when reached by Fox News Digital on Thursday.

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