Trump administration takes mail-in voting dispute to Supreme Court

President Trump ordered in March that U.S. agencies compile a list of eligible voters in each state. On that basis, mail-in ballots would in the future be sent only to individuals listed in the registry. Trump justified the move by saying it was intended to make elections fairer and to prevent voting by non-U.S. citizens.

Trump repeatedly claims that mail-in voting is susceptible to fraud, without providing evidence. Trump is also calling for stricter voter-registration requirements, including proof of identity and citizenship through appropriate documentation. Critics see the measure as an attempt to exclude certain voters who are assumed to lean Democratic.

Arguments of the suing states

The plaintiffs are predominantly Democratic-led states as well as the capital district, the District of Columbia. They argue that only they and Congress have the authority to set election rules. A judge in Massachusetts had blocked the executive order for the suing states; a panel of the 1st U.S. Circuit Court of Appeals upheld that decision over the weekend.

The relevant lower court had ruled that Trump's order exceeded his authority because the organization of elections is, under the Constitution and federal law, a matter for the individual states. Two courts ruled in favor of the plaintiffs. Lawyers for the plaintiffs warned that Trump's proposed changes are susceptible to abuse and could trigger chaos.

Starting position ahead of the midterms

The United States has no national ID requirement. Unlike in Germany, the United States has no central registry; citizens must actively register to vote. Critics argue that voting by non-U.S. citizens is rare and that the proposed rules would instead exclude U.S. citizens who lack documents such as birth certificates or passports.

The suing states have until August 3 to file legal arguments with the Supreme Court against the government's emergency application. The court must now decide whether to grant the application and thereby lift the lower courts' blocks for the time being. The decision is considered a landmark ruling for the conduct of the November elections.

Next steps at the Supreme Court

In the midterm elections, roughly one-third of the Senate and the entire House of Representatives will be renewed. Republicans currently hold a narrow majority in both chambers of Congress. In less than 100 days, Americans will go to the polls to elect a new parliament.

This report was broadcast on 07/28/2026 on the program Deutschlandfunk.