Mail-In Ballots At Risk
Vote by Mail laws were adopted by many states during the Covid-19 pandemic and remain popular with citizens. However, the legality of Vote By Mail ballots, which continue to be used in more than a dozen states, are being challenged in a number of ways.
In Illinois, election officials are required to count votes postmarked by Election Day and received within a two week window. In Illinois in 2024, almost 110,000 votes by mail arrived within the grace period. Nationally, almost 900,000 military members and overseas citizens voted by mail, as did approximately 40% of voters over 65.
First, a lawsuit challenging a Mississippi law that allows the counting of mail-in ballots that are postmarked by election day and received within five days is currently pending before the Supreme Court. The case, Watson v. Republican National Committee, primarily, will decide on whether such ballots can be added to the voting counts in federal elections. Proponents of making such ballots unlawful argue that it will reduce the risk of fraud. Opponents, including the League of Women Voters, and the League of Women Voters-Mississippi, who filed amicus briefs in the case, argue that restricting mail-in ballots risk disenfranchising millions of potential voters, including military members, U.S. citizens that reside overseas, and people with disabilities. The Supreme Court is expected to rule on the case shortly.
Secondly, President Trump signed an executive order on March 31, 2026, which attempts to override states’ mail-in voting laws by transforming the U.S. Postal Service from a neutral mail carrier into an arbiter of who may cast a ballot by mail and when they are valid. The order also requires the Department of Homeland Security to build and give to each state a purported list of U.S. citizens over the age of 18, in order to control who should be allowed to vote in each state.
This executive order is being challenged in a lawsuit filed in the U.S. District Court Massachusetts by a variety of plaintiffs including the League of Women Voters, and the League of Women Voters-Massachusettes. Plaintiffs have filed a motion for a preliminary injunction on Section 3 of the Executive Order, which directs the Postal Service to create new rules restricting the transmission of mail-in ballots to the states. Oral arguments were heard on the motion on June 2, 2026. Federal Court Hears Challenge to Trump Executive Order Restricting Mail-in Ballots | League of Women Voters
The Executive Order directs the United States Postal Service not to deliver election mail unless states comply with other aspects of the president’s order, including handing over the voter lists, and to develop rules governing these restrictions. Pursuant to this order, the Postal Service has issued proposed rules limiting the use and delivery of mail-in ballots. Federal Register :: Ballot Mail for Federal Elections
Individuals may post comments about the proposed rule until July 2, 2026. Mail or deliver written comments to Director, Product Classification, U.S. Postal Service, 475 L’Enfant Plaza SW, Room 4446, Washington, DC 20260–5015. Email comments, containing the name and address of the commenter, may be sent to: [email protected], with a subject line of ‘‘Ballot Mail.’’
Vote by Mail laws were adopted by many states during the Covid-19 pandemic and remain popular with citizens. However, the legality of Vote By Mail ballots, which continue to be used in more than a dozen states, are being challenged in a number of ways.
In Illinois, election officials are required to count votes postmarked by Election Day and received within a two week window. In Illinois in 2024, almost 110,000 votes by mail arrived within the grace period. Nationally, almost 900,000 military members and overseas citizens voted by mail, as did approximately 40% of voters over 65.
First, a lawsuit challenging a Mississippi law that allows the counting of mail-in ballots that are postmarked by election day and received within five days is currently pending before the Supreme Court. The case, Watson v. Republican National Committee, primarily, will decide on whether such ballots can be added to the voting counts in federal elections. Proponents of making such ballots unlawful argue that it will reduce the risk of fraud. Opponents, including the League of Women Voters, and the League of Women Voters-Mississippi, who filed amicus briefs in the case, argue that restricting mail-in ballots risk disenfranchising millions of potential voters, including military members, U.S. citizens that reside overseas, and people with disabilities. The Supreme Court is expected to rule on the case shortly.
Secondly, President Trump signed an executive order on March 31, 2026, which attempts to override states’ mail-in voting laws by transforming the U.S. Postal Service from a neutral mail carrier into an arbiter of who may cast a ballot by mail and when they are valid. The order also requires the Department of Homeland Security to build and give to each state a purported list of U.S. citizens over the age of 18, in order to control who should be allowed to vote in each state.
This executive order is being challenged in a lawsuit filed in the U.S. District Court Massachusetts by a variety of plaintiffs including the League of Women Voters, and the League of Women Voters-Massachusettes. Plaintiffs have filed a motion for a preliminary injunction on Section 3 of the Executive Order, which directs the Postal Service to create new rules restricting the transmission of mail-in ballots to the states. Oral arguments were heard on the motion on June 2, 2026. Federal Court Hears Challenge to Trump Executive Order Restricting Mail-in Ballots | League of Women Voters
The Executive Order directs the United States Postal Service not to deliver election mail unless states comply with other aspects of the president’s order, including handing over the voter lists, and to develop rules governing these restrictions. Pursuant to this order, the Postal Service has issued proposed rules limiting the use and delivery of mail-in ballots. Federal Register :: Ballot Mail for Federal Elections
Individuals may post comments about the proposed rule until July 2, 2026. Mail or deliver written comments to Director, Product Classification, U.S. Postal Service, 475 L’Enfant Plaza SW, Room 4446, Washington, DC 20260–5015. Email comments, containing the name and address of the commenter, may be sent to: [email protected], with a subject line of ‘‘Ballot Mail.’’