A federal judge has blocked parts of President Trump’s order on mail-in voting. Judge Indira Talwani of the U.S. District Court for the District of Massachusetts ruled that the “Constitution does not grant the president any specific powers over elections,” arguing that Trump’s order interfered with state authority in elections.
“Sections 2 and 3 of the EO are legally void as they are ultra vires and unconstitutionally violate the separation of powers, and that Section 5 of the EO is merely precatory,” she wrote.
Talwani argued that the Constitution “empowers the States to determine voter eligibility in federal elections.”
The judge previously ruled that plaintiffs can only pursue claims tied to the November 2026 midterm elections. “In light of the EO’s specific deadlines over the next three months, and the reality that elections will be occurring throughout this period with the November 3, 2026 midterm occurring in just five months, postponing judicial review is impracticable,” Talwani wrote in a 17-page consolidated order.
According to Trump’s March order, the federal government has an “unavoidable duty under Article II of the Constitution of the United States to enforce Federal law, which includes preventing violations of Federal criminal law and maintaining public confidence in election outcomes.” The order further urged states to create citizenship lists. The State Citizenship List “shall be derived from Federal citizenship and naturalization records, SSA records, SAVE data, and other relevant Federal databases” and “be updated and transmitted to State election officials no fewer than 60 days before each regularly scheduled Federal election, or promptly upon request by a State in connection with any special Federal election.” It also the postmaster general to launch a rulemaking process to develop a policy surrounding mail-in ballots.
