May 14, 2026

Contact: Chyna Fields, cfields@naacpnet.org 

WASHINGTON– In the first hearing of NAACP v. Trump today, the NAACP, Common Cause, Black Voters Matter, and the Lawyers’ Committee for Civil Rights Under the Law urged the court to immediately stop President Trump’s latest executive order on mail-in ballots, which would give the federal government control over how Americans vote. The executive order was released in March 2026, and the NAACP opposed it.  

Today, plaintiffs argued the executive order illegally overrides state and congressional authority to set election law. By conditioning mail-in voting to the use of an unreliable, notoriously error-ridden federal database, the order also threatens to prevent millions of eligible voters from casting ballots. Additionally, the administration’s threats of prosecution would also irreparably harm both individual voters and interfere with the success of civic engagement efforts made by organizations like the NAACP.   

“Whether by mailbox or ballot box, every American deserves the right to cast their vote,” said Derrick Johnson, NAACP President and CEO. “Mail-in ballots have long helped provide access to the democratic process for Black voters, Americans in rural communities, the military and overseas citizens, the elderly, people who can’t take off work to vote, and more. We should be focusing on ensuring that every American’s voice is heard, not limiting access to the ballot box.” 

Trump’s order creates a sweeping and confusing new system designed to give the federal executive branch veto power over who can vote. Specifically, the order: 

• Directs DHS to compile a list of purportedly eligible voters in each state, drawn from the SAVE immigration database and Social Security records — databases that are incomplete, outdated, and not designed to verify citizenship or state residence.   
• Orders the U.S. Postal Service, an independent agency, to refuse delivery of mail-in and absentee ballots for any voter not enrolled on a federally created “Mail-In and Absentee Participation List” — without any requirement to notify the voter or the state that their ballot was blocked.  
• Threatens criminal prosecution of state and local election officials, individuals, and organizations like the NAACP, Common Cause, and Black Voters Matter, that help voters cast mail-in ballots if the federal government views those voters as ineligible — an attempt to chill voter assistance work.  
• Threatens to withhold federal funding from any state that does not comply with the order’s demands. 

Last week, the NAACP filed a preliminary injunction motion to block the executive order from taking effect while the lawsuit proceeds. This move aims to prevent further interference and ensure the integrity of our nation’s elections remains in place. We will continue our fight for fair practices in America’s democratic process so every eligible voter may effectively exercise their right to vote.

To view the lawsuit, click here.

To view the preliminary injunction, click here.