NC Attorney General Challenges Executive Order on Mail-In Voting

Jackson says the order puts military and disaster-displaced voters at risk of being disenfranchised

Apr. 5, 2026 at 2:04pm

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North Carolina Attorney General Jeff Jackson has filed a legal challenge against a recent executive order from the president that would restrict mail-in voting. The order directs the Department of Homeland Security to create a list of eligible voters and provide it to states 60 days before an election, and then requires the U.S. Postal Service to only accept mail-in ballots from voters on that list. Jackson argues this would disenfranchise active-duty military members and North Carolinians displaced by natural disasters like Hurricane Helene.

Why it matters

The executive order could significantly limit access to mail-in voting, which has become an important option for military members and disaster victims to participate in elections. Jackson and other state officials argue the order violates the Constitution and risks disenfranchising thousands of voters.

The details

The executive order directs the Department of Homeland Security to compile a list of eligible voters and provide it to states no fewer than 60 days before an election. It then directs the U.S. Postal Service to accept mail-in ballots only from voters on this 'Mail-in and Absentee Participation List.' Jackson says this would put the votes of over 100,000 military members in North Carolina at risk, as deployments can happen quickly close to an election. The order could also impact North Carolinians displaced by natural disasters like Hurricane Helene within 60 days of an election.

  • The executive order was issued on April 3, 2026.
  • Jackson filed the legal challenge on April 5, 2026.

The players

Jeff Jackson

The Attorney General of North Carolina who is leading the legal challenge against the executive order.

Department of Homeland Security

The federal agency directed by the executive order to compile a list of eligible voters to provide to states.

U.S. Postal Service

The federal agency directed by the executive order to only accept mail-in ballots from voters on the 'Mail-in and Absentee Participation List'.

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What they’re saying

“We have over 100,000 military servicemembers in North Carolina. I am one of them. Under current law, we can request and receive absentee ballots up until the day before the election, which matters because deployments can happen fast. Under this executive order, our absentee ballots would run a very high risk of being rejected by the post office – essentially thrown in the trash – if we deploy within 60 days of the election. That is unacceptable.”

— Jeff Jackson, Attorney General of North Carolina

What’s next

The judge in the case will decide in the coming weeks whether to grant a temporary injunction to block the executive order from being implemented.

The takeaway

This legal challenge highlights the ongoing debate over mail-in voting and the potential for executive actions to restrict ballot access, especially for vulnerable populations like military members and disaster victims. The outcome could have significant implications for voting rights and election integrity in North Carolina and beyond.