Austin Travis County is actively participating in a federal lawsuit aimed at challenging new mail-in ballot regulations introduced by the Trump Administration. This legal action seeks to block an executive order signed by President Trump in March, which mandates that the U.S. Postal Service deliver mail-in or absentee ballots exclusively to individuals listed on a “state-specific list” of eligible voters.
The executive order also stipulates that all outgoing mail-in ballots must be enclosed in envelopes featuring an official election logo and a unique tracking barcode, among other requirements. Travis County Clerk Dyana Limon-Mercado expressed concerns over these changes, stating, “Confusion is the point. And unfortunately, it may be creating enough confusion that people just opt out.”
Limon-Mercado highlighted that these new regulations could impose “significant operational costs and legal challenges” on the county, particularly as the first batch of mail-in ballots is set to be distributed in just three weeks. She noted ongoing complications with the state’s voter registration database, which has led to eligible voters being incorrectly classified as “noncitizens” and some voters being placed in suspense.
Initially, a federal judge blocked the executive order; however, this injunction was lifted following a Supreme Court ruling that deemed the judge’s prior action premature. Although legal obstacles have been cleared for the executive order, multiple lawsuits—including the one from Travis County—could potentially prevent its implementation ahead of the upcoming midterms.
The lawsuit contends that the new regulations improperly transfer election authority to the U.S. Postal Service, which would be obligated to reject mail-in ballots lacking a barcode that aligns with an eligible voter on the approved list, all without Congressional consent.
This legal challenge has been filed in collaboration with the city of Madison, Wisconsin, and various advocacy organizations, such as the League of United Latin American Citizens, the Arizona Students Association, and the Secure Families Initiative. They are represented by the Campaign Legal Center and the Democracy Defenders fund.
Regardless of the outcome of the executive order, Limon-Mercado strongly advises voters to apply for a mail-in ballot immediately or consider voting in person. “If folks are on the fence about voting by mail or voting in person, maybe they’re unsure given the level of confusion that the Trump administration is injecting into the space … and they physically and geographically have the ability to vote in person, probably vote in person at this point,” she suggested.
The deadline for applying for a mail-in ballot for the November election is October 23.
