SCOTUS Blocks New Restrictions for 2026 Elections
By: Andrew Nick, Mason Votes Contributor
There’s been a lot of confusion lately about mail-in ballots, but voters planning to utilize this popular method can take comfort in the Supreme Court’s September 14th order that declined to allow a new rule designed to limit mail-in ballot delivery by the United States Postal Service (USPS) to take effect.
In the brief and unsigned order by the court, Justice Kavanaugh concurred with the majority, noting that to let the new rule take effect in the current election cycle would be “arbitrary and capricious…because state and local election officials do not have sufficient time to reasonably implement the rule before the elections.”
Many appreciate the convenience of voting by mail: not having to drive to the polls, stand in line, or contend with bad weather. The method has been around for decades, but its popularity has increased since COVID-19. According to the States United Democracy Center, one in three Americans voted by mail in 2022 and 2024, spanning millions of voters across political parties—18% of Republicans and 26% of Democrats.
In August, President Donald Trump issued an executive order that enlisted the United States Postal Service in an attempt to alter the process. The executive order called for “a unique Intelligent Mail barcode” for each ballot’s outer envelope and would have limited eligibility to vote by mail to individuals whose name appeared on new State Citizenship Lists: “USPS shall not transmit mail-in or absentee ballots from any individual unless those individuals have been enrolled on a State-specific list.”
In early September, an anonymous whistleblower warned Congress that the technology required for USPS to implement the new requirements was untested and could potentially lead to “catastrophic failure” and “derail the midterm elections.” One alleged flaw in the ballot verification process could have resulted in entire batches of ballots getting disqualified if just one ballot failed to match against State Citizen Lists, potentially disenfranchising thousands of voters over a single error.
Then the legal battle began. Judge Indira Talwani of the United States District Court for the District of Massachusetts issued three blocks on the measure, ending with a permanent block on September 4th. The Trump administration asked the Supreme Court to step in on September 6th and they blocked the executive order in a seven-to-two ruling on September 14th. Justices Alito and Thomas were the lone dissenters.
In Virginia, voters apply online to vote by mail and have the option to join the absentee list for future elections, ensuring a ballot appears every cycle.
The deadline to register to vote and request a mail-in ballot is Friday, October 23rd.
Click here to request your mail-in ballot in VA >
Click here to register/verify using the VA Dept. of Elections’ Citizen Portal >