30 days ago
CNBC Aug 24, 2026

Supreme Court allows some Trump vote-by-mail limits ahead of midterm election

The Supreme Court has temporarily allowed certain restrictions on mail-in voting proposed by former President Donald Trump's administration to proceed, overriding a lower court’s injunction that affected 23 states and Washington, D.C. This ruling came as part of Trump's broader effort to tighten controls on mail ballots ahead of the November midterm elections. The decision was made with dissent from the court’s three liberal justices, reflecting ongoing judicial divisions on the voter access issue.

However, this move does not mean the Trump administration can immediately implement its new mail-ballot procedures. A separate nationwide injunction issued by U.S. District Judge Indira Talwani in Boston continues to block the U.S. Postal Service from enacting these new rules for the upcoming elections. This distinction was pivotal in the Supreme Court's decision, which emphasized that challenges were premature because the executive order itself directs federal agencies to develop policies at a later stage rather than directly mandating changes.

The court emphasized that its order does not resolve the legality of Trump's executive order or the policies developed under it and indicated that future government actions to implement the order might still face legal hurdles. The Postal Service recently formalized ballot-related guidelines including barcode requirements and specific information states must provide, but those rules remain suspended pending further judicial review.

The case now returns to the 1st U.S. Circuit Court of Appeals to continue the underlying legal battle, as states prepare to send ballots to military and overseas voters starting early September. The unfolding legal decisions will influence how mail-in voting is administered in the crucial midterm elections later this year, highlighting the ongoing tensions surrounding election procedures in the U.S.

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