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March 2026 Elections Executive Order
Updates
This is a fast-moving situation, and developments may change quickly. These updates reflect what we know as of August 28, 2026, at 2:30 p.m. ET. This page will be updated regularly as new information and court decisions become available.
August 28, 2026 – 2:30 p.m. ET update
Late last night, the District of Massachusetts court granted a temporary restraining order (TRO) preventing USPS from implementing key portions of its final “Ballot Mail for Federal Elections” rule for 14 days. The TRO was granted in two cases challenging the USPS rule: State of California v. USPS, brought by 24 states and D.C., and League of Women Voters, brought by voting rights organizations.
Key provisions of the rule are now temporarily blocked by a court order.
Specifically, the TRO prohibits USPS from taking any further preparatory steps or any type of implementation of the rule’s provisions on:
- mandatory outbound and return federal mail ballot envelope standards,
- mandatory federal ballot mail portal registration and enrollment, and
- federal mail ballot verification and rejection
A hearing is scheduled for September 3, where the court will hear arguments about whether to convert the TRO into a longer injunction.
What this means for election officials: Again, no action is needed to comply with the March 2026 Election Executive Order at this time. Particular sections of the USPS rule are officially paused, and additional legal challenges to other provisions of the executive order are expected. The legal landscape on the 2026 executive order remains extremely fluid. We are closely monitoring the new litigation and will flag any developments that require action by local election officials.
While the legal landscape continues to evolve, today’s developments do not change our talking points or messaging guidance below at this time.
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August 26, 2026 – 7:00 p.m. ET update
Today, the remaining court order blocking the March 2026 executive order was lifted, and the final USPS rule was formally published in the Federal Register. The rule is therefore not currently blocked by a court order, but the legal landscape remains extremely fluid.
New lawsuits challenging the final USPS rule were filed today in multiple federal courts, including requests for emergency court orders to block the rule. Additional legal challenges related to other provisions of the March 2026 executive order are also expected.
What this means for election officials: Today’s developments do not mean that election officials need to immediately overhaul their systems or procedures for the November election. We are closely monitoring the new litigation and will flag any developments that require action by local election officials.
Relevant resources: For those who would like to review the underlying rule and new legal challenges, see the USPS Final Rule and the lawsuits challenging it: State of California v. USPS, League of Women Voters and the D.C. cases.
The guidance below was published on August 25. While the legal landscape continues to evolve, today’s developments do not change our talking points or messaging guidance at this time.
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August 25, 2026 – 12:00 p.m. ET update
These talking points are designed to help you respond to questions about the Supreme Court’s August 24 decision in State of California v. Trump while providing voters with clear, accurate information.
The core message is simple: Nothing changes for voters today. The Supreme Court did not rule that the executive order is lawful, and its decision does not, on its own, change how voters cast their ballots by mail. Election officials remain focused on administering elections according to law and making sure every eligible voter can confidently cast their ballot.
Where is the case now?
On August 24, the Supreme Court granted the Trump administration’s request to pause the lower court order that had blocked key portions of the March 2026 executive order while the case continues on appeal.
The Supreme Court did not decide whether the executive order itself is lawful. Instead, the Court concluded that the states could not challenge these provisions at this stage because they had not yet shown the kind of concrete and imminent harm necessary for the courts to intervene.
As a result, the administration may move forward with provisions directing the creation of state citizenship lists and prioritizing federal investigation and prosecution related to voter eligibility. Importantly, the Supreme Court did not rule that these actions are lawful, and the executive order does not require states to use the federal citizenship lists. The litigation is continuing, and future actions taken by the federal government to implement the executive order may face additional legal challenges.
Separately, USPS issued its final rule related to ballot mail on August 21, and it is currently scheduled to be published in the Federal Register on August 26. That rule cannot currently be implemented because a separate injunction in League of Women Voters v. Trump remains in place. Additional litigation over the final rule is expected.
Next steps for election officials
- Continue following existing state and federal election law and your established election procedures.
- Do not assume that receiving a DHS state citizenship list requires you to take action. Both the executive order and the Supreme Court’s decision recognize that states are not required to use these lists.
- Continue using your existing USPS and mail-ballot procedures unless and until the applicable legal requirements change.
- Be prepared for possible communications from DHS or the DOJ regarding the upcoming election. These could include citizenship lists, questions about those lists, inquiries about federal ballot eligibility, or requests for information about your jurisdiction’s procedures. Simply receiving a federal list or inquiry does not necessarily mean you are required to take the requested action.
- If you receive a citizenship list, a DOJ inquiry, or other federal request related to voter eligibility, consult the appropriate state election officials and counsel before changing your procedures. Contact Public Rights Project’s Election Protection Hub at elections@publicrightsproject.org if you need assistance evaluating or responding to a request.
Talking points
Click here to view talking points and messaging guidance.
Use these as a resource to help you respond to questions about the March 2026 Elections Executive Order and related litigation, including the Supreme Court’s August 24, 2026 decision in State of California v. Trump, while providing voters with clear, accurate information.