Democratic states file new lawsuit seeking to block Trump’s order limiting mail voting in midterms

Democratic states file new lawsuit seeking to block Trump’s order limiting mail voting in midterms 1 of 4 | A worker sorts ballots at the L.A. County Ballot Processing Center during the California primary election, June 2, 2026, in City of Industry, Calif. (AP Photo/William Liang, File) 2 of 4 | Delivery vans bearing the logo sit during a protest staged as part of a countrywide National Day of Action Tuesday, July 28, 2026, outside the main United States Postal Service headquarters in northeast Denver. (AP Photo/David Zalubowski) 3 of 4 | President Donald Trump listens during a back to school event in the Rose Garden of the White House, Monday, Aug. 24, 2026, in Washington. (AP Photo/Alex Brandon) 4 of 4 | An election worker sorts vote-by-mail ballots at the Miami-Dade County Supervisor of Elections Office for the Florida primary election in Doral, Fla., Tuesday, Aug. 18, 2026. (AP Photo/Lynne Sladky) By NICHOLAS RICCARDI and LINDSAY WHITEHURST Updated 5:52 PM MESZ, August 26, 2026 Leer en español Add AP News on Google Add AP News as your preferred source to see more of our stories on Google. Share Share Facebook Copy Link copied Print Email X LinkedIn Bluesky Flipboard Pinterest Reddit Democratic-controlled states on Wednesday filed another lawsuit challenging President Donald Trump’s executive order seeking to limit mail voting in this year’s midterm elections. The action, filed by about two dozen states against the U.S. Postal Service, marked a new phase in the high-stakes litigation just two days after the Supreme Court ruled against them in a separate case, but did not say Trump’s order was legal. The high court majority found the Democratic lawsuit was premature, but that was before the Republican administration issued a rule governing U.S. Postal Service delivery of mail ballots. Election officials warn it will be impossible to implement in the days before the first wave of mail ballots are sent out next week. “Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans’ right to vote,” New York Attorney General Letitia James, one of 25 Democratic attorneys general filing the lawsuit, said in a statement. “USPS has no authority to decide who can and cannot vote by mail.” Trump’s executive order remains barred from taking effect under a separate injunction that the administration argues needs to be immediately rescinded in light of the high court’s ruling in the previous Democratic state lawsuit. It also had succeeded in a third case filed in May in the District of Columbia, convincing a judge that it was too early to prevent its implementation of the executive order. All previous challenges were filed before the administration published its mail ballot rule Friday night. The rule says that if states want their mail ballots delivered, they will need federal approval of the design of their envelopes and must give the Postal Service a list of voters eligible to receive them. Judge again bars Trump administration from implementing order that sought to limit mail voting 3 MIN READ Trump administration urges Supreme Court to allow order targeting mail-in voting before midterms 4 MIN READ 38 Trump’s attacks on mail balloting and concerns over delays turn midterms spotlight on Postal Service 4 MIN READ 38 The White House has called the Postal Service plan “commonsense measures that protect the security of mail-in ballots” and said the administration would continue to work to implement it to boost “the safety and security of our elections.” The Postal Service said it would not comment because of the pending lawsuit. This site is protected by reCAPTCHA and the Google and Terms of Service apply. National Democrats on Tuesday cited the rule in asking the federal judge in the Washington case to block Trump’s order after he declined to do so last spring, saying the administration at the time had not taken concrete action. In Boston, U.S. District Judge Indira Talwani also found that the administration moving forward with the mail ballot rule had violated a separate injunction she had placed on the Postal Service prohibiting it from enacting Trump’s order, although she did not take any action against the government. Talwani, who was nominated by Democratic President Barack Obama, had issued the injunction against Trump’s executive order in the prior Democratic state case, which is the one the Supreme Court overturned on Monday. She has yet to act on the administration’s urging her to revoke her second injunction. It was issued Aug. 11 in a case against the executive order and was filed by the League of Women Voters and other voting rights groups while the Supreme Court was considering the administration’s appeal of the judge’s first order. Trump has long targeted mail voting, which he falsely blames for his 2020 election loss and is disproportionately used by Democrats as a result of Trump’s condemnations. Since returning to power, Trump has tried to claim authority over election rules, saying he thinks Republicans should “take over” vote counting in Democratic areas. He issued his first election executive order just months after retaking office, attempting to require documentary proof of citizenship to vote, among other changes. He has also been pushing a sweeping election bill that has stalled in the Senate amid opposition from Democrats and even some within his own party. LINDSAY WHITEHURST Whitehurst covers the Supreme Court and legal affairs for The Associated Press. 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