Mail-In Voting Rules Remain in Legal Limbo Ahead of Midterms
Federal courts have blocked new Postal Service restrictions on mail-in voting for now, but the Supreme Court is still weighing whether the stricter rules can take effect before November's midterm elections. Voters should follow their state's existing mail-in procedures.
In early September, federal appeals court judges refused to allow the U.S. Postal Service to implement new rules that would restrict mail-in voting, keeping the policy frozen for the time being. The Trump administration had issued an executive order in March requiring states to submit voter lists to the Postal Service and mandating standardized barcodes and envelope designs for federal ballots.
What's blocked and what's still uncertain
A federal appeals panel refused to allow the U.S. Postal Service to move ahead with its plan to restrict mail-in voting for the midterm election, as the wait for a Supreme Court ruling continues. For now, nothing changes for voters using mail-in ballots in the November election because the rule remains in legal limbo.
However, the Supreme Court previously ruled that Trump's new restrictions can remain in place for now, but a separate two-week pause remains in place. The Trump administration asked the high court Thursday to block that as well. Legal experts warn that immediate implementation of the Final Rule issued less than seventy days before the November 2026 election threatens disenfranchisement of millions of United States citizens who seek to vote by mail.
What this means for you
If you plan to vote by mail in the 2026 midterm elections, your best protection right now is to follow your state's existing mail-in procedures and deadlines. State or local election officials remain responsible for determining eligibility and deciding whether completed ballots can be counted. The litigation will likely continue through the election, so policies may shift. New permanent residents and recent naturalized citizens who are registered voters should check with their local election office about mail-in ballot deadlines in their state, which typically begin in late September or October.
Sources
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