Twelve Republican Attorneys General Appeal Mail Voting Ruling for 2028

The 2026 midterm election results have been certified. Twelve Republican state attorneys general moved to appeal a federal court order that blocks new mail-in voting restrictions for the 2028 general election. The group filed the appeal on Thursday to revive a plan by the U.S. Postal Service that was halted in September.

The coalition includes officials from Alabama, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, and Texas. U.S. District Judge Carl Nichols issued the preliminary injunction in September. His ruling prevents the Postal Service from enforcing a rule that would require states to submit voter name and address lists for federal ballot delivery. Nichols, a Trump appointee based in Washington, D.C., determined that Congress did not grant the Postal Service the authority to impose this requirement on states.

The original rule was released in late August in response to an executive order from President Trump. Election officials raised concerns that the change would disrupt mail voting for tens of millions of people. A whistleblower report stated that the online system needed for the new requirements had not been fully tested. Officials feared eligible voters might not receive ballots in time or at all.

In September, the Supreme Court allowed a lower court ruling to stand that blocked the rule for the 2026 midterms. That earlier decision came from U.S. District Judge Indira Talwani in Boston. While the Supreme Court denied a stay for the midterms, the ruling left the door open for future implementation. Justice Brett Kavanaugh wrote a concurring opinion stating there is a fair prospect the rule falls within Postal Service authority. He noted that state and local officials lacked time to reasonably implement the rule during the 2026 cycle.

The Justice Department did not confirm whether it will appeal Nichols' ruling by the Friday deadline. Spokesperson Matthew Tragesser stated via email that the department does not comment on ongoing litigation. The timing of the appeal creates uncertainty for the twelve states involved. Democratic candidates are set to take over the attorney general offices in Texas and Kansas in January.

The next step in the legal process is the appeal of the preliminary injunction. The court will determine whether the Postal Service can proceed with the rule for the 2028 election cycle. The ruling will affect how federal ballots are mailed to registered voters in the states represented by the petitioners.