The United States Supreme Court has rejected former President Donald Trump's attempt to restrict mail-in voting ahead of the November midterm elections. The ruling, issued on September 15, 2026, allows states to continue their long-standing practice of sending out mail ballots, which is seen as a setback for Trump's efforts to alter election rules. The court's decision halts potential last-minute legal actions as some states begin voting.
Trump has expressed concerns about the security of mail-in voting, citing claims of widespread election fraud that have been debunked. Despite his criticisms, he has voted by mail himself, including in the 2024 election. Mail ballots, which have been utilized for decades, are credited with increasing voter turnout and currently represent one-third of all votes cast in the United States.
Voting by mail involves sending ballots to registered voters, who then return them by mail before a specified deadline. Eight states, including California, Colorado, and Oregon, as well as the District of Columbia, conduct all elections entirely by mail, while others allow mail voting for smaller elections. Although instances of forgery or repeat voting do occur, they are rare, with only four cases reported in 10 million mailed votes, according to the Brookings Institution.
Trump has previously attributed his 2020 presidential election loss to mail-in voting fraud and opposed changes made during the COVID-19 pandemic that expanded mail-in voting. During the 2020 Republican National Convention, he referred to these changes as "the greatest scam in the history of politics."
His legislative efforts, including the SAVE America Act aimed at implementing sweeping voting laws, have stalled in the US Senate due to concerns about potential disenfranchisement of millions of voters. In March 2026, Trump signed an executive order directing the US Postal Service to oversee mail voting, which included requirements for uniform envelope designs and lists of eligible voters from states.
This executive order faced legal challenges, resulting in a series of court rulings. US District Judge Indira Talwani issued an injunction against the rule in June, suggesting it likely violated the Constitution. The Supreme Court temporarily sided with the Trump administration in late August on procedural grounds but did not address the constitutional legality of the order.
In its final decision, the Supreme Court declined to lift Judge Talwani's injunction, indicating that the administration was likely to fail in its efforts to restrict mail-in voting. Justice Brett Kavanaugh, appointed by Trump, voted with the majority against the administration, while Justices Samuel Alito and Clarence Thomas dissented. Critics have warned that restricting mail-in ballots could disenfranchise voters who rely on this voting method and disrupt the delivery of ballots in states that have already begun sending midterm ballots.