Supreme Court blocks mail ballot rules for 2026 election

What the court decided

The Supreme Court on Sept. 14 rejected President Donald Trump’s effort to enforce new mail ballot requirements during the 2026 midterm election. A six-justice opinion said the administration’s case was likely to fail in court.

Justices Samuel Alito and Clarence Thomas dissented. Justice Brett Kavanaugh supported blocking the rules for the midterms but indicated he could side with the administration if the dispute returns to the court later.

The decision allows Colorado to proceed under its current election law. Since 2013, the state has mailed ballots to every active registered voter while also offering in-person voting at voting centers.

What Trump’s order would have changed

Trump’s March executive order directed the Department of Homeland Security to create a list of U.S. citizens using federal databases. It also required the U.S. Postal Service to mail ballots only to voters appearing on that list.

The order called for additional procedures, including unique identifiers such as barcodes on ballot envelopes. The administration presented those measures as protections against fraud.

Colorado joined two dozen other states in a lawsuit against the Postal Service less than three weeks before the court acted. Election officials argued that the requirements would be too difficult to put in place before the midterms.

Colorado response

Gov. Jared Polis said the ruling would let Colorado conduct its elections without added confusion or administrative barriers.

Republican Rep. Jeff Hurd of Colorado’s 3rd Congressional District said he respected the decision. He said election rules should be clear before voting starts and that changing Colorado’s established mail voting procedures shortly before an election would create uncertainty for voters and county clerks.

The Post Independent reported the ruling and Colorado officials’ responses on Sept. 15.