Newly printed mail-in ballots in Phoenix on Oct. 7, 2022. The Supreme Court on Monday dealt President Trump a major blow when it blocked his executive order to restrict mail ballots, but Trump’s battle to assert control over the election process is far from finished. (Rebecca Noble/The New York Times)
- The Supreme Court on Monday dealt President Donald Trump a major blow when it blocked his executive order to restrict mail ballots.
- Trump argues that he is trying to secure the integrity of the vote, but his claims of widespread fraud in the election system have been debunked repeatedly.
- The Federal Emergency Management Agency is demanding that states change the way they conduct elections or risk losing tens of millions in federal terrorism-prevention funds.
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The Supreme Court on Monday dealt President Donald Trump a major blow when it blocked his executive order to restrict mail ballots. But Trump’s battle to assert control over the election process is far from finished.
The stymied attempt to have the U.S. Postal Service screen mail ballots was just one piece of a broader effort involving the full power of the federal government to take more control of state-run elections.
Just days before the Supreme Court blocked Trump’s mail ballot order, the Justice Department sent threatening letters to at least 30 top election officials across the country, escalating a fight to gain access to private voter data and election records.
Federal agents are scouring voter rolls managed by states for noncitizens, despite a lack of evidence of widespread fraud. Trump’s homeland security secretary recently pushed for an investigation into whether a commonly used voting machine can be trusted, casting doubt on digital voting systems.
“This is far from over,” said Benjamin Hovland, who was ousted from the independent, bipartisan Election Assistance Commission by the Trump administration this year.
Hovland acknowledged that the Supreme Court’s decision mitigated “real-world impact” on voters and election workers, particularly since voters in some states had already begun to mail in their ballots. But he said Trump’s actions were alarming.
“What you’re seeing is using the apparatus of government, using federal agencies, using taxpayer dollars, to push that narrative that only undermines confidence in our democracy and ultimately hurts voters and election officials,” Hovland said.
Trump argues that he is trying to secure the integrity of the vote, but his claims of widespread fraud in the election system have been investigated and debunked repeatedly, and critics say his actions needlessly sow doubt about the outcome of the vote.
Trump on Tuesday slammed the court’s ruling as “horrible, highly political” and criticized the three justices he appointed during his first term.
“It is a Court that will go down as having rendered some of the most destructive, hurtful, and damaging decisions in our Country’s history,” Trump said on social media.
But the Supreme Court’s decision Monday was more of an exception than a rule when it came to checking Trump’s power in his second term. During Trump’s first term, his attempts to undermine the election results in 2020 ran into stiff pushback not only from the courts but also from his own government officials. In his return to the White House, Trump has surrounded himself with loyalists willing to turn his obsession over the country’s election systems into a blitz of federal actions. He has also installed election deniers in key posts.
The Supreme Court’s decision did, however, add to a string of mounting losses for Trump, who said this year that he wanted to “take over” and nationalize elections. Even before the Supreme Court decision, two lower court judges ruled that Trump’s changes to mail-in balloting were most likely illegal and should not be imposed so close to the November elections.
Trump administration lawyers had urged the Supreme Court to step in and clear the way for its plan to use the Postal Service to screen ballot envelopes after they are submitted by state elections officials. The new rules would require states to submit lists of voters approved to receive mail ballots. The Postal Service would then deliver the ballots only to voters on the lists.
In addition to the loss Monday, Trump’s other attempts to pressure states over the election process have faced legal setbacks.
The Justice Department has sued 30 states for unredacted voter lists, which include personal information such as driver’s license numbers and partial Social Security numbers.
They have lost 23 of those cases. Decisions are pending in the rest.
The federal actions, as well as the various court decisions, have caused alarm among local election officials and voters, according to election experts.
This month, the chief election officials in seven Republican-controlled states filed a brief to the Supreme Court, arguing that with less than two months until Election Day, it was too close to the midterms to make any major changes to the election process.
Some states including North Carolina, Delaware and Alabama had already mailed out their ballots, even before the Supreme Court issued a final decision.
“Attempting to implement the rule now will almost certainly lead to mistakes, delays and confusion for both voters and election officials,” the brief stated.
But it was not just the pending Postal Service rule that has caused confusion and upended coordination among local election officials and the federal government.
The administration has also asked the Supreme Court to intervene to allow it to move forward with an effort to build citizenship lists by merging data from various agencies, including the Department of Homeland Security and the Social Security Administration. A lower court has so far blocked the use of that tool, which administration officials argue is needed to verify citizenship for voting, among other purposes.
In July, Markwayne Mullin, the homeland security secretary, threatened election officials in a speech and said they could face prison time if they did not comply with the Trump administration’s efforts to change election policies. Officials in the Justice Department have also explored whether they could bring criminal charges against state or local election officials if the administration determined they had not sufficiently safeguarded their computer systems.
The Federal Emergency Management Agency, which sits under the Homeland Security Department, is demanding that states change the way they conduct elections or risk losing tens of millions in federal terrorism-prevention funds.
Kimball W. Brace, the president of Election Data Services, an organization that works with local governments on election preparedness, said he did not expect the Supreme Court decision to stop Trump’s broader effort to pursue his election grievances.
“I don’t anticipate people on the Republican side not wanting to continue and push their side of the story as much as possible,” Brace said.
Distrust of the election process among voters is growing before the November elections. A survey from The Associated Press and the NORC Center for Public Affairs Research and USAFacts showed that only 34% of U.S. adults trust government certifications of election results “a great deal” or “quite a bit,” down from 40% in 2024.
Trump has also gutted the government’s election security infrastructure. Experts warn that his cuts to agencies tasked with coordinating election security with state governments could reduce visibility into foreign influence campaigns and cyberattacks.
Brace said all the executive actions have fueled pressure on local election officials.
“They don’t want to deal with this crazy pressure that various interests and various individuals have pushed on the election administration,” he said.
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This article originally appeared in The New York Times.
By: Zolan Kanno-Youngs/Rebecca Noble
c.2026 The New York Times Company
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