Executive Order 14399

Ensuring Citizenship Verification and Integrity in Federal Elections

Signed 2026-03-31 in effect
ElectionsVotingCitizenship VerificationUSPSPostal ServiceMail-In BallotsMail VotingPost Office
ElectionsImmigration & CitizenshipLaw & Justice Litigation

Signed March 31, 2026, this order directs a U.S. Postal Service (USPS) rulemaking on mail-in and absentee ballots. The post office may transmit a mailed ballot only to voters a state has pre-enrolled on a participation list, using barcoded Official Election Mail envelopes. It is the second round of federal election-administration measures, building on EO 14248 (March 2025), and it also directs DHS-compiled state citizenship lists derived from federal records and Justice Department prosecution priorities aimed at election officials. Section 3 (the USPS mail-ballot rule) was challenged in Massachusetts and Washington, D.C.

Section by Section

What each section does, and how they differ.

Sec. 1 Purpose and Policy

The framing section. States the policy rationale: only citizens may vote in federal elections, existing federal statutes already criminalize non-citizen voting, and unique ballot-envelope identifiers (like bar codes) are presented as the enforcement mechanism the rest of the order builds on.

Sec. 2 State Citizenship Lists and Election-Fraud Prosecutions

The data-sharing and enforcement-priority section. Directs DHS (through USCIS, with SSA) to compile a citizenship list for each state from federal records and transmit it to state election officials before each federal election, and directs the Attorney General to prioritize prosecuting officials who issue ballots to people deemed ineligible.

Sec. 3 USPS Rulemaking on Mail-In and Absentee Ballots

The mail-ballot section, and the one that changes how voting by mail works. Orders the Postmaster General to propose rules requiring all ballot mail to use barcoded official envelopes, and barring USPS from transmitting a mail ballot unless the voter is enrolled on a state participation list filed with USPS in advance.

Sec. 4 Implementation

The logistics section. Assigns who does the work: DHS builds the citizenship-list infrastructure within 90 days, SSA supplies the data, and the Attorney General issues compliance guidance to election officials and ballot printers.

Sec. 5 Enforcement

The teeth. Authorizes withholding federal funds from noncompliant states where the law allows, refers violations to the Justice Department, and tells states to preserve election-participation records (like ballot envelopes) for five years.

Sec. 6 Severability

Boilerplate insurance: if a court strikes down one part of the order, the rest is meant to survive.

Sec. 7 General Provisions

Standard closing boilerplate: preserves existing agency authority, conditions everything on appropriations, and disclaims any enforceable rights for private parties.

Linked Court Cases (7)

DSCC v. Trump 1:26-cv-01114

Democratic Party committees' challenge in D.D.C. (Judge Nichols); LULAC and NAACP suits consolidated into this action April 10, 2026.

D. Mass. challenge (Judge Talwani). PI denied without prejudice July 13, 2026 because the D.C. injunction in NAACP v. USPS covered plaintiffs; that injunction was stayed July 17, so a renewed PI motion is available. MTD granted in part/denied in part July 22.

California v. Trump 1:26-cv-11581

State-coalition challenge asserting the order exceeds federal authority over election administration.

CA1 appeal (filed 2026-07-02, appeal-from D. Mass) in the 2026 elections-EO (14399) litigation

CA1 appeal (filed 2026-07-03, appeal-from D. Mass; CL caption verbatim) in the 2026 elections-EO (14399) litigation

SCOTUS emergency stay application seeking to stay the D. Mass. permanent injunction against EO 14399 Sections 2 and 3 for the November 3, 2026 election. Filed 2026-07-27 by SG D. John Sauer.

NAACP v. Trump 1:26-cv-01151

NAACP, Common Cause and Black Voters Matter challenge in D.D.C.; consolidated into DSCC v. Trump (Judge Nichols) on April 10, 2026.

Litigation Summary

Three challenges were filed within days of signing: DSCC v. Trump (D.D.C., filed April 1, 2026, with LULAC and NAACP suits consolidated April 10), League of Women Voters of Massachusetts v. Trump (D. Mass., filed April 2), and a state coalition in California v. Trump (filed April 3). Implementation was initially restrained by the standing D.C. injunction in NAACP v. USPS (1:20-cv-02295), which the Massachusetts court relied on when it denied a preliminary injunction without prejudice on July 13, 2026. The D.C. Circuit stayed that injunction on July 17, 2026 (No. 26-5257), leaving no injunction currently blocking the order; a renewed preliminary-injunction motion is available in the Massachusetts case, where motions to dismiss were granted in part and denied in part on July 22, 2026.