Updated October 26, 2026. Court proceedings are moving quickly and details may change.
With Election Day a week away, legal fights over mail voting are reaching federal courts. CNN reported that a hearing was underway in California on a Trump administration lawsuit that could affect the election, and that judges appeared skeptical of the administration’s effort to force the state to set aside certain mail ballots. A separate report said the 9th Circuit heard oral arguments Sunday in the Justice Department’s case, which is tied to concerns about noncitizen voters.
What the administration argues
The administration says it is trying to protect election integrity and ensure that only eligible citizens vote. Supporters of this approach argue that states should be required to maintain accurate voter rolls and that federal officials have a role in enforcing voting laws.
What California and its allies argue
California officials and voting-rights groups argue that the federal government is overreaching and that changing counting rules this close to an election risks disenfranchising eligible voters. States run their own elections under the Constitution, and critics note that studies and audits have generally found very few cases of noncitizen voting. House Democratic Leader Hakeem Jeffries told CNN that Republicans could try to suppress votes, a claim Republicans dispute.
The Postal Service ruling
Separately, as reported by New Hampshire Public Radio, the Trump administration has sought to limit access to mail-in voting, but federal courts have blocked the U.S. Postal Service from putting new ballot-delivery protocols into effect before the November election.
What it means for voters
- Election officials in many states, including New Hampshire, say systems are in place for a smooth process and accurate count.
- Rules on deadlines and ballot return differ by state, so confirm yours with your state or local election office.
- If you vote by mail, return your ballot early and track it if your state offers a tracking tool.
Courts could still issue rulings in the coming days. We will update this article as developments are confirmed. See also: how election certification works.