Appeals Court Leaves Trump Mail-Voting Order Blocked in 23 States

A federal appeals court on Saturday left key parts of President Donald Trump’s mail-voting executive order blocked in 23 states and the District of Columbia, preserving a lower-court injunction while the broader case continues.

The 1st U.S. Circuit Court of Appeals denied motions from the Justice Department and 12 intervening states seeking to pause the injunction during the appeal. The July 25 order did not issue a final ruling on every question in the case and did not create a nationwide ban on the executive order.

What the appeals court decided

The federal government argued that the states’ lawsuit was premature because agencies had not finished implementing the order. The appeals court rejected that argument for purposes of the stay request, finding that the states were already facing election-planning demands, compliance costs and possible enforcement consequences as 2026 federal election deadlines approached.

The court said the government had not made the required strong showing that it was likely to succeed on its arguments that the states lacked standing or that their claims were not ready for review. The decision addressed whether to suspend the injunction during the appeal, not whether Executive Order 14399 is permanently invalid.

What remains blocked

The injunction covers Sections 2 and 3 of Executive Order 14399, which was signed March 31 and published in the Federal Register on April 3.

Section 2 directs the Department of Homeland Security and other federal agencies to develop citizenship-related lists and directs the Justice Department to prioritize certain election-related investigations and prosecutions. Section 3 directs the U.S. Postal Service to pursue rulemaking involving mail-in and absentee ballots, including procedures tied to ballot markings, barcodes and state-specific voter lists.

The order directed a final USPS rule by July 29, but the First Circuit’s decision leaves the challenged provisions blocked in the plaintiff jurisdictions for federal elections on or before November 3, 2026. It does not mean that every mail-voting rule has changed or that ballots are being rejected under the executive order.

Where the injunction applies

The injunction applies to the 23 plaintiff states and Washington, D.C. It is not a final nationwide ruling, and the decision does not resolve how the order may apply in other jurisdictions or to elections after November 3, 2026.

Why the timing matters

The First Circuit said the states could challenge the order before federal implementation was complete because election deadlines, planning work, compliance costs and possible enforcement effects were already creating present or imminent injuries. Several plaintiff states are preparing for federal primaries scheduled as early as September and for the November general election.

For election officials in the covered jurisdictions, the ruling means the challenged federal provisions remain unenforceable while the injunction is in effect. Voters should continue relying on their state or local election office for current registration, absentee-ballot and voting deadlines.

What happens next

The underlying appeal remains pending. The Justice Department could seek emergency relief from the U.S. Supreme Court, but no such filing is confirmed in this update. The legal status could change if the Supreme Court intervenes.

Sources

• First Circuit order in State of California v. Trump
• Reuters report on the First Circuit mail-voting ruling
• Federal Register text of Executive Order 14399