Courts Check Trump Moves to Suppress Voting Access
NEWS & RESEARCH
President Trump has proposed policies to centralize election control and restrict voting access. Key initiatives, including the "SAVE Act" and a March 2026 executive order, aim to eliminate mail-in voting, mandate re-registration, and require strict proof of citizenship and residency. The administration has also repurposed a centralized national database for checking immigration status into a tool for mointoring voting. On June 25, 2026, federal Judge Indira Talwani ruled that major parts of Trump’s March 2026 EO exceeded the president’s power and violated the separation of powers by encroaching on states’ authority to administer elections. The Justice Department has appealed. Also in June, federal Judge Sparkle Sooknanan ordered the Department of Homeland Security to block states from searching the national database, which also includes Social Security records. And some 16 courts have rejected US Department of Justice efforts to access a state’s voter rolls. Additionally, Trump allies have suggested deploying immigration enforcement officers to polling sites which could intimidate prospective voters. But the Supreme Court rejected the administration’s effort to block counting mail-in votes received after election day. And in early July 2026, federal Judge Emmet Sullivan blocked the US Postal Service from carrying out Trump’s order to not deliver mail-in ballots to states that decline to hand over their voter data to the federal government. And on July 25, 2026, the First Circuit Appeals Court blocked the Trump administration from tightening rules for mail-in voting in 23 states before the November elections. Trump is asking the Supreme Court to intervene.
SOURCES: NPR | Brennan Center | New York Times | Democracy Docket | Washington Post | The Hill | The Guardian | CBS | Washington Post
ANALYSIS & OPINION
Critics describe these moves as an unprecedented effort to undermine election integrity. The Brennan Center characterized the proposals as "sometimes illegal," while the Campaign Legal Center warned they create "new barriers" that silence millions. The New York Times noted that the latest executive order relies on "false claims of fraud" and faces questions regarding its constitutionality. Trump’s March 2026 executive order targeting mail-in voting directed the Department of Homeland Security (DHS) to build "State Citizenship Lists" and the United States Postal Service (USPS) to establish rules for tracking and carrying mail-in ballots, effectively creating a framework to monitor or restrict ballot eligibility through data cross-referencing. The release of a proposed USPS rule and DHS memos prompted Judge Talwani to grant summary judgment blocking its central provisions for the upcoming midterms, ruling them unconstitutional and an ultra vires infringement on state-managed election authorities. Despite these legal setbacks and shifting implementation strategies, the administration's initiatives could still cause voter disenfranchisement through local confusion or be leveraged post-election to allege voter fraud by cross-referencing ballot data.
SOURCES: Brennan Center | New York Times | Campaign Legal Center | Lawfare
HOW TO FIX IT
Congress and legal advocates should:
Block the SAVE Act in the Senate.
Pass the Voter Empowerment Act (VEA) to expand voting access.
Legislate bans on federal law enforcement (including ICE) and armed agents at polling places.
Support litigation by state attorneys general and civil rights groups challenging the constitutionality of restrictive executive orders.
Legislation:H.R.8078 - Voter Empowerment Act of 2026
