The Trump administration has asked the Supreme Court to allow President Donald Trump to enforce stricter nationwide regulations on mail-in ballots ahead of the 2026 midterm elections. The emergency appeal, filed on July 27, challenges lower court rulings that blocked parts of an executive order aimed at increasing federal oversight of voting procedures.

The executive order, signed by Trump in March, directed the U.S. Department of Homeland Security to create lists of confirmed eligible voters for states to use in managing mail-in ballots. The order also instructed the U.S. Postal Service to restrict delivery of mail-in ballots solely to individuals on these federally compiled lists. Additionally, the Justice Department was tasked with prioritizing investigations and prosecutions of election officials who distribute ballots to voters deemed ineligible.

A federal judge in Boston ruled in June that critical elements of the order were unconstitutional, barring their enforcement this year in 23 states contesting the directive. Subsequently, a federal appeals court in Boston rejected the administration’s argument that the lawsuit was premature, asserting that the order’s implementation was already causing operational strain on the states. The 1st U.S. Circuit Court of Appeals warned that the changes could create confusion and risk disenfranchising eligible voters if allowed to proceed before the November elections.

In its appeal to the Supreme Court, the Justice Department contended that the lower courts acted prematurely by blocking the order while the involved agencies continue to deliberate on whether and how to implement it. The government argued this “preemptive” judgment assumed any future agency actions to enforce the order would be unlawful.

The Supreme Court has invited the states opposing the executive order to respond to the administration’s appeal by August 3.

The dispute over mail-in ballot rules is a significant issue as the November midterms approach, with control of Congress hanging in the balance. While mail voting has declined since its surge during the COVID-19 pandemic, nearly 30% of ballots in the 2024 elections were cast by mail, a practice more common among Democratic voters. President Trump, who has himself voted by mail, maintains that absentee voting is vulnerable to fraud.

Opponents, including Senate Minority Leader Chuck Schumer of New York, have condemned the executive order as an effort to suppress votes, accusing the administration of attempting a “brazen” power grab.

The courts have emphasized that election administration is constitutionally delegated to the states, viewing the executive order as an unprecedented federal intrusion. Since his 2020 presidential election loss, Trump has sought to increase federal involvement in election oversight, repeating unfounded claims of widespread voter fraud. His broader legislative proposals, including requirements for voter ID and proof of citizenship at registration, have stalled in Congress. Meanwhile, judicial rulings have also blocked a separate executive order that would have required documentation proving citizenship to register to vote.