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2026-07-22

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U.S. election administration news in the last 48 hours: polling place changes, ballot proc

On March 5, 2025, President Donald Trump issued an executive order aimed at exerting federal control over election processes. The order sought to mandate various changes purportedly to "secure" electi…

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RESEARCH: U.S. election administration news in the last 48 hours: polling place changes, ballot proc

Summary of the Status of Trump’s 2025 Anti-Voting Executive Order

Context and Purpose: On March 5, 2025, President Donald Trump issued an executive order aimed at exerting federal control over election processes. The order sought to mandate various changes purportedly to "secure" elections, but critics argue it infringes on states' constitutional authority over elections and attempts to undermine democratic norms.

Key Provisions and Their Status:

  1. Show Your Papers Policy (Section 2(a)):

    • Purported Action: Required the Election Assistance Commission (EAC) to enforce a "show your papers" policy for voters.
    • Status: Blocked by federal courts, including in LULAC v. Executive Office of the President. The Supreme Court has affirmed that such voter ID requirements must be narrowly tailored and cannot disproportionately burden any protected class.

  2. Postal Service Mail Voting Restrictions:

    • Purported Action: Directed the U.S. Postal Service to implement strict rules on mail-in voting, including limiting who could vote by mail.
    • Status: Partially blocked. Federal courts have halted enforcement of these provisions, noting that they exceed presidential authority and infringe on states' rights to manage voter registration and absentee ballots.

  3. Federal Overhaul of State Election Administration:

    • Purported Action: Established federal oversight of state election administration processes.
    • Status: Challenged in California v. Trump and Washington v. Trump. Courts have ruled that the executive branch lacks authority to override state election laws, emphasizing the Constitution's allocation of this power to states.

  4. Provisional Ballot Restrictions:

    • Purported Action: Reduced the ability for provisional ballots to be cast or counted under certain circumstances.
    • Status: Blocked by lower courts. The Supreme Court has previously held that provisional ballots serve as a safeguard against voter suppression and cannot be arbitrarily limited.

Legal Challenges and Judicial Decisions:

  • LULAC v. Executive Office of the President: A federal district court issued an injunction preventing the implementation of several order provisions, citing violations of the Constitution's Supremacy Clause and civil rights laws.

  • California v. Trump: The Ninth Circuit Court of Appeals affirmed the lower court’s decision to block the order, emphasizing that presidential actions must comply with existing statutes and cannot usurp congressional authority over elections.

  • Washington v. Trump: In this case, a federal judge ruled that the order attempted to "interfere" with state election administration without lawful basis, thereby blocking its enforcement.

Recent Developments (June 24, 2026):

  • Second Executive Order: President Trump issued another executive order in March 2026 attempting further changes to mail voting and election oversight. The Brennan Center for Justice and other advocacy groups have filed immediate lawsuits challenging these new directives.

  • Ongoing Litigation: Multiple cases are pending across federal courts, with arguments focusing on the separation of powers, states' rights, and protections under the Voting Rights Act.

Conclusion:

The Trump administration’s attempts to impose sweeping changes via executive orders on election processes have largely been thwarted by judicial interventions. Courts continue to uphold the principle that elections remain primarily a function of state governments, with federal oversight limited to ensuring compliance with constitutional guarantees and existing federal laws. The Brennan Center for Justice remains vigilant in defending these democratic principles through ongoing litigation and advocacy.

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Summary

Key Developments

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