Updated September 15, 2026
There have been a number of developments in the federal court cases about voting by mail. REV UP Virginia has received information about some of these developments from several trusted partners, as well as through trusted media outlets. We are sharing the information with you below, with the most recent information at the top of this post.
Ruling #5 – On Tuesday, September 14, the U.S. Supreme Court ruled against the U.S. Postal Service plan that would have imposed new, last-minute requirements for mail-in ballots before the November 3, 2026 election.
Read more about the September 14, 2026 ruling.
Ruling #4 – On Friday, September 4, a federal judge extended her block on the Trump administration’s order seeking to limit mail voting.
Read more in this PBS article.
Request to the U.S. Supreme Court – On Thursday, September 3, the Trump administration asked the Supreme Court to lift a block on the U.S. Postal Service plan to restrict mail-in voting for the midterm election.
Read about it in this NPR article, which includes a “Q & A” section about the state of voting by mail for the upcoming elections.
Appeal – On Friday, August 28, the Trump administration appealed the ruling that blocked limitations on mail voting.
Read about the appeal in this article on the website of ABC 7 New York.
Ruling #3 – On Thursday, August 27, a federal judge temporarily blocked new U.S. Postal Service requirements for mail-in voting.
To learn more about the latest development in the legal battle to change the rules for mail-in voting ahead of the November elections, read this CBS News article.
Ruling #2 – The national REV UP Campaign coordinated by the American Association of People with Disabilities (AAPD) provided context after a federal judge in Boston on Wednesday, August 26 removed the remaining court order that had stopped the United States Postal Service (USPS) from putting a new rule about mail-in ballots into effect.
The USPS can now begin using the new rule, including changes to vote by mail such as requiring new ballot envelopes, tracking codes, and voter information from election officials. This will require a lot of action from state and local officials. With the first mailed ballots going out next week, this will be very difficult.
These last-minute changes could create serious barriers for disabled voters who depend on vote by mail as an accessible way to vote.
The states immediately filed another lawsuit, and it is very likely that there will be more legal challenges. States and voting-rights groups are moving quickly to legally challenge the rule, protect access to vote by mail, and make sure that votes are protected for the November 2026 general election. It is possible that the changes will be stopped again.
We are still reviewing what this means for voters. For now, continue following instructions from your state and local election officials.
Ruling #1 – Virginia Civic Engagement Table (VCET), the organization behind the Election Protection Program, shared guidance on the Monday, August 24, 2026 Supreme Court ruling in Trump v. California.
What did the Supreme Court decide? The Supreme Court allowed the Trump administration to move forward with portions of an executive order concerning voter eligibility and mail-in voting ahead of the 2026 congressional midterm elections.
The Court did not rule that the executive order is lawful or constitutional. Instead, the Court determined that the states’ challenge was premature because the Department of Homeland Security (DHS) and U.S. Postal Service (USPS) had not yet issued final rules. Essentially, the Court said, come back when there is an actual rule or concrete action to challenge. Note: At the time of the Supreme Court ruling on Monday, August 24, USPS had not issued a final rule; however, on Wednesday, August 26, a ruling from a federal judge in Boston allowed USPS to issue the final rule. Then on Thursday, August 27, the final rule was temporarily blocked. Other legal actions have changed the status of the final rule. See above information.
The executive order:
- Directs DHS to create state-specific citizenship lists and transmit them to states at least 60 days before the November election—currently September 4.
- Directs USPS to establish new requirements for mailing election ballots. A separate nationwide injunction currently blocks USPS from implementing those requirements for the November election.
What does this mean for Virginia? Nothing in Monday’s Supreme Court ruling requires Virginia to change its election procedures.
- The Supreme Court’s ruling does not require Virginia election officials to use federal citizenship lists.
- Virginia election officials remain responsible for administering elections under Virginia law and established procedures.
- The executive order does not automatically make information on a federal list a determination that an individual is ineligible to vote.
- Significant questions remain about how DHS will create, verify, and transmit the lists, and what information they will contain.
What does this mean for voters? Nothing changes for Virginia’s voters today. The Supreme Court’s decision does not:
- Change Virginia’s voter-registration procedures.
- Change Virginia’s voter eligibility requirements.
- Require Virginia to use federal citizenship lists.
- Prevent eligible voters from voting by mail.
Voting by mail remains a safe and reliable option. Voters who choose to vote by mail should follow Virginia’s existing requirements and deadlines and consider returning their ballots as early as possible.
Bottom Line: The Supreme Court opened the door to implementation; it did not approve the executive order. Nothing changes for Virginia’s voters today.
