Federal Mail-In Voting Rules Face Ongoing Legal Challenge Ahead of 2026 Midterms

By Tia Turner, NLIHC Project Manager, Our Homes, Our Votes 

Voting by mail remains an important part of the nation’s election system, with millions of voters using the option each election cycle. According to the U.S. Election Assistance Commission’s 2024 Election Administration and Voting Survey, nearly 47 million mail ballots were counted in the 2024 general election, representing approximately 30% of all ballots cast. Mail voting is particularly relevant for voters who may face barriers to voting in person, including people with disabilities, older adults, people with demanding work schedules, and voters who may have difficulty accessing a polling location.

As states begin preparing and sending ballots for the 2026 midterm elections, new federal requirements concerning mail-in ballots are facing an ongoing legal challenge. The Trump administration has asked the U.S. Supreme Court to allow the U.S. Postal Service to implement portions of a new rule that would establish additional requirements for how states provide voter information to USPS and how mail-in ballots are addressed and processed. The administration argues that the requirements are intended to address election administration and mail delivery concerns. States and civic organizations challenging the rule argue that implementing the changes shortly before the election could disrupt established state election procedures and create confusion for voters and election officials. 

A federal judge in Massachusetts issued a preliminary injunction on September 4 blocking the administration from implementing portions of the USPS rule while the litigation continues. The administration subsequently returned to the Supreme Court seeking to pause that injunction. On September 9, California and a coalition of other states asked the Supreme Court to leave the injunction in place, arguing that implementing the requirements at this stage of the election cycle could create significant administrative challenges. A group of civic organizations also filed a brief urging the Court to maintain the lower court’s order. 

The timing of the dispute is significant as states have already begun the process of distributing mail ballots for the November 2026 elections. North Carolina began mailing absentee ballots earlier this month, with additional states preparing to send ballots to voters in the coming weeks. The legal proceedings could therefore affect election administration while states are actively preparing for and conducting mail voting. 

What does this mean for renters?  

Mail voting remains an established voting option across the country, with states setting their own rules for requesting, completing, and returning mail ballots. While the current litigation may affect how some aspects of federal election mail are administered, renters should continue to rely on their state and local election officials for the most current information about voting options, deadlines, and ballot-return procedures. 

For renters who face transportation challenges, inflexible work schedules, caregiving responsibilities, disabilities, or other barriers to voting in person, voting by mail can provide an important way to participate in elections. NLIHC’s Our Homes, Our Votes campaign encourages housing organizations, resident leaders, and service providers to help renters understand their available voting options and make a voting plan that works for them. 

What can housing advocates do?  

Share accurate, nonpartisan information; direct residents to their state or local election office for the latest requirements; and encourage renters to plan ahead for requesting, completing, and returning a mail ballot. Because procedures and deadlines vary by state, advocates should verify information before sharing it with residents rather than relying on outdated materials or information circulating online. 

Stay Informed 

Renters and housing organizations can use the U.S. Election Assistance Commission’s state election profiles and voter resources to find state-specific information and connect residents with their election officials. 

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