Judge refuses to block Trump’s executive order on mail-in ballots as premature

A judge refused Thursday to block President Donald Trump’s executive order focusing on mail-in voting, dealing a blow to Democrats who say the order could disenfranchise millions of voters.

The executive order, signed on March 31, directs the Department of Homeland Security to compile a list of all US citizens living in each state and will direct the USPS to deliver mail-in ballots only to people who appear on the lists. US District Judge Carl Nichols, an appointee of President Donald Trump, ruled that the plaintiffs’ request to block the order was premature.

“Because the Executive Order does not order the Plaintiffs to do anything, and because no agency has acted pursuant to the Order in a way that could harm the Plaintiffs, they have not yet been harmed,” Nichols wrote. “For the foregoing reasons, the Court denies Plaintiffs’ Motions for a Preliminary Injunction.”

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Democrats and voting rights groups argue that, under the Constitution, state legislatures and Congress are responsible for controlling federal elections, not the president. The order, according to the plaintiffs, could also force the USPS to make rules about elections that exceed its authority.

Trump’s law, meanwhile, positions itself as an attempt to enforce voting laws, which the president says the executive branch must do under Article II of the Constitution.

Although Democratic plaintiffs argued in court that the order would violate states’ constitutional rights to control their own elections, Nichols ruled that the claim is speculative at this point. The judge, however, did not rule on the merits of the Democratic Alliance’s arguments and said they could seek a stay of the law if the federal government begins the process of implementing the executive order.

REPUBLICAN SENATORS BLAST DEMOCRATS FOR ‘FEAR SPEAKING’ IN VOICE PROTECTION ACT.

President Donald Trump has not sought changes to the funding deal he struck with Senate Democrats as House Republicans push for voter ID laws amid tougher ICE enforcement and political tensions in Minnesota. (Bonnie Cash/UPI/Bloomberg via Getty Images)

“The Court recognizes that the Postal Service may ultimately issue a final rule directly affecting Plaintiffs or their constituents, or that the Government may create a National Citizen List that omits certain individuals because of certain errors,” the judge wrote.

“Plaintiffs may renew their motions if and when those future actions occur. However, until then, plaintiffs cannot demonstrate that initial injunctive relief is appropriate,” he added.

POSTAL SERVICE INTO FOOTBALL AS TRUMP’S ORDER HOLDS UP IN COURT

A Virginia woman casts her ballot at the Loudoun County Office of Elections and Voter Registration in Leesburg on Sept. 19, 2025, the first day of early voting in the gubernatorial race. He is accompanied by his dog. The race features incumbent Abigail Spanberger against Winsome Earle-Sears, who would become Virginia’s first female governor if elected. (Graeme Sloan/Bloomberg via Getty Images)

One of the biggest concerns raised by Democrats is that the executive order directs DHS to use Social Security Administration data, which they say contains errors and could disenfranchise eligible voters.

Trump’s order requires citizenship lists to be turned over to states within 60 days of federal elections and provides opportunities for people and states to amend the lists as needed to address concerns about data inaccuracies.

Trump has long said mail-in voting is vulnerable to widespread fraud, but election officials and polling experts say such fraud is rare.

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Large numbers of voters who identify with both major parties reported voting by mail, but Democrats did so more often.

The White House did not respond to a request for comment when reached by Fox News Digital on Thursday.