Everyone Must Vote. Discuss.

We are spending millions across nine states to educate voters on critical races and ballot measures affecting abortion, LGBTQ rights, voting, fair courts, and democracy protections in the 2026 midterm elections.

WASHINGTON, D.C. — Today, the Supreme Court issued a decision upholding voters’ rights and permitting Mississippi voters’ ballots that are cast on time to be counted after Election Day according to state law. The decision reverses the Fifth Circuit’s incorrect interpretation of federal Election Day statutes, which would have invalidated decades-old absentee ballot receipt laws and disenfranchised voters who followed all election rules but faced postal delays beyond their control. The American Civil Liberties Union and ACLU of Mississippi, on behalf of the League of Women Voters, Rural Coalition/Coalición Rural, Center for Rural Strategies, American Association of People with Disabilities (AAPD), and Disability Rights Mississippi (DRMS), filed an amicus brief arguing that the Fifth Circuit’s decision would have disrupted states’ ability to determine mail-ballot receipt rules in their own state and depending on the needs of their voters and disproportionately harmed voters with disabilities, rural voters, older voters, military and overseas voters, and working people who rely on absentee voting. The coalition released the following statement: “This decision protects the fundamental principle that people should not lose their right to vote because of mail delays outside their control. The Court recognized what states, Congress, and voters have understood for generations: federal law does not require states to discard timely-cast ballots simply because they arrive after Election Day. Today’s ruling preserves critical protections for voters with disabilities, rural communities, older voters, working families, and countless Americans who depend on absentee voting to participate in our democracy.” The organizations emphasized that the ruling preserves states’ flexibility to administer elections in ways that reflect local realities and protects longstanding election practices relied upon by voters nationwide. Read the Court's ruling here: https://www.supremecourt.gov/opinions/25pdf/24-1260_g3cn.pdf

BOSTON — A federal court today declared unconstitutional key portions of President Trump’s executive order restricting mail voting. The executive order, issued in March 2026, unlawfully attempted to seize control of elections by ordering the Department of Homeland Security to compile a list of U.S. citizens and by directing the U.S. Postal Service to restrict mail voting. The decision came in a case brought by 23 states and the District of Columbia, led by California. The court declared that Sections 2 and 3 of the executive order are legally void and barred federal agencies from using the executive order as a basis to interfere with how plaintiff states maintain their voter rolls or conduct mail voting. The court’s ruling also blocked the U.S. Postal Service from withholding mail ballots from voters not on an approved list in the plaintiff states. The court is also considering a separate legal challenge to the executive order brought by a coalition of nonpartisan voting rights groups in the case LWVMA, et al., v. Trump, et al. That suit was filed by the League of Women Voters of Massachusetts, the League of Women Voters, Association of Americans Resident Overseas (AARO), U.S. Vote Foundation, OCA - Asian Pacific American Advocates (OCA), and Delta Sigma Theta Sorority, Inc. They are represented by the American Civil Liberties Union (ACLU), ACLU of Massachusetts, Brennan Center for Justice, Legal Defense Fund (LDF), Asian Americans Advancing Justice - AAJC (Advancing Justice - AAJC), and LatinoJustice PRLDEF. Attorneys and plaintiffs in the voting rights group case issued the following joint statement: “As this ruling makes clear, President Trump’s executive order from March 2026 attempting to seize control of elections is unconstitutional and dangerous. “This ruling is a critical step in preserving free and fair elections. The court rightly recognized that the President and the executive branch lack both the legal authority and the capacity to compile a complete and accurate list of U.S. citizens or eligible voters in every state. The ruling also rightly recognizes that the U.S. Postal Service has no authority to limit the distribution of mail ballots. “The court has yet to rule on our request to block the executive order’s provisions on mail voting on behalf of a nonpartisan coalition of voting rights groups. The same reasoning underpinning today’s decision should hold in our case. President Trump’s unlawful executive order violates the separation of powers, threatens the integrity of our elections, and must be enjoined from taking effect in the upcoming primary and midterm elections.”

WASHINGTON — In 2026, the ACLU will be at the forefront of ensuring all eligible voters can cast their ballot—making its largest ever investment in election safeguarding during a midterm cycle. Bolstered by the combined power of our storied legal, policy, and advocacy expertise, affiliate presence in every state, and network of millions of volunteers and supporters, the ACLU will spend $24.5 million to protect the power to vote, the resilience of our democratic institutions, and public confidence in every stage of the electoral process; and to guarantee that every vote is counted according to the law. Drawing on lessons and analysis of recent election cycles, the ACLU has identified potential threats across 25 scenarios to voting access, election administration, and certification, and stands ready to take swift legal, advocacy, and organizing action to protect voters and defend our democracy throughout the 2026 midterms and beyond. Our election safeguarding work will strengthen the state and local institutions that are the backbone of free, fair, and trusted elections in the United States, ensuring they can operate independently, professionally, and free from improper interference. Fueled by the power of the ACLU’s nationwide affiliate network, these efforts will include preparing thousands of volunteers for poll and post-election monitoring, leading Know Your Rights trainings, hosting get-out-the-vote activations, organizing mass mobilization efforts, coordinating local rapid response campaigns, and taking swift legal action in the courts when necessary to ensure that all American voters can cast their ballots and have their votes counted. In addition to these nationwide tactics, the organization will also surge national staff into priority states, including additional organizers who have already been deployed in Arizona, Georgia, North Carolina, and Pennsylvania, where the risk of election interference and voter disenfranchisement is high. “In a democracy, every eligible voter has the right to vote freely and the outcome respected,” said Deirdre Schifeling, ACLU Chief Political and Advocacy Officer. “Our right to vote is facing a coordinated attack on multiple fronts. But in a democracy, people choose their politicians, not the other way around. When access to the ballot is restricted and the results of elections are not respected, the very foundation of our democracy hangs in the balance. That is why the ACLU is launching the largest ever election safeguarding program in our century-long history. Our powerful network of thousands of staff and millions of supporters will work tirelessly in states nationwide to ensure that every voter can cast their ballot without intimidation and that the results are honored. The best way to protect our freedom is to act free—the ACLU will be in communities making sure all voters can do just that." Already this election year, the ACLU legal team and its partners have taken legal action in more than two dozen states and Washington, D.C. to protect voting rights. They are currently advancing over 80 legal actions challenging discriminatory voting laws, racial gerrymandering, attacks on mail voting and voter registration, and other efforts to undermine free and fair elections. Since the Supreme Court’s disastrous Callais decision in April, the ACLU and its partners have been hard at work to preserve and restore voting rights and representation across the country and will continue to meet these threats to our elections in court. “Election Day is one day; the fight for the franchise is every day. We’re witnessing an onslaught of tactics by anti-democracy policymakers who want to make it harder to vote, easier to discriminate against voters of color, and stymie the will of the people,” said Sophia Lin Lakin, Director of the ACLU’s Voting Rights Project. “We’re already in the thick of litigation to champion voters’ rights around the country, and we are preparing for more fights as November approaches. Suppress votes, rig the rules, or undermine election results--and you’ll see us in court.” Against the current landscape of unprecedented abuses of authority and concerted attempts at voter suppression — especially the attempts to silence Black voters—the ACLU’s Midterm Election Safeguarding Program stands as an ambitious, strategic, multi-state effort to ensure that voters choose their elected representatives, not the other way around. By deploying the collective power of its litigation, organizing, and advocacy tools, the ACLU is prepared to ward off attempts to subvert our democracy across the country.