The Trump administration is seeking more time to implement its March 31 executive order restricting postal voting, according to a Department of Justice filing submitted Monday night that reveals a shifting legal strategy to navigate ongoing court challenges. The administration modified its implementation plans in what experts say appears designed to give courts justification for delaying any injunction against the controversial directive.
The executive order directs the U.S. Postal Service to refuse delivery of mail ballots from states that don’t provide voter lists, and instructs the Department of Homeland Security to create citizenship verification lists for each state. According to Democracy Docket, the DOJ notice flags a new DHS memo that updates the administration’s plans, suggesting the administration hopes courts will grant it additional time to implement the order while potentially arguing that some implementation elements aren’t directly tied to the executive order itself and therefore can’t be blocked.
The changes appear aimed at addressing privacy law concerns and preempting likely court injunctions. For example, DHS previously said it would integrate USPS datasets to identify potential voter fraud, but the new notice walks that back, stating only that DHS will work on data-sharing agreements with USPS. According to News From The States, DHS will make citizenship data available to states by June 30, 2026, allowing state election officials to access citizenship-related information from the Social Security Administration, Department of State, and other federal agencies.
The Postal Service has already moved ahead with its own proposed rule, issued May 29, requiring state election officials to submit lists of voters requesting mail-in or absentee ballots. Under the USPS proposal, states that don’t comply risk losing mail ballot delivery entirely, according to CNN. The comment period on the proposed rule closes July 2, meaning a final rule couldn’t be issued until after DHS’s June 30 deadline for providing citizenship data.
Legal challenges to the order have multiplied. Twenty-three Democratic-led states plus the District of Columbia are suing to block the directive, as are Democratic Party leaders and non-partisan voter advocacy groups. Election law experts argue the order violates the U.S. Constitution, which reserves election authority to states and Congress, not the president. A federal judge in Washington, D.C., declined to block the order in late May, but said it was too early to intervene because the administration hadn’t taken concrete enough steps. A second federal judge in Massachusetts held a hearing last week but hasn’t yet ruled.
The administration has also faced criticism from postal unions and election officials. The American Postal Workers Union called the executive order “an unconstitutional attack on the millions of Americans who vote by mail,” according to News From The States. Election officials have warned that the new system poses major logistical challenges, including the need to redesign ballot envelopes with barcodes and create a new portal for states to submit voter data—infrastructure that doesn’t yet exist.
Maine Secretary of State Shenna Bellows, a Democrat whose state is part of the legal coalition challenging the order, told CNN that if courts rule for the Trump administration, “Then you will see a virtual elimination of mail-in voting, unless the states supply voter lists to the federal government.” The White House said in a statement that it remains confident the order will be implemented by the November midterm election.
Sources
- Democracy Docket — reported the DOJ filing and the administration’s modified implementation strategy to seek more time
- CNN — detailed the USPS proposed rules, state challenges, and implementation feasibility concerns
- News From The States — covered DHS plans to provide citizenship data by June 30 and mail ballot monitoring
