Federal Legislation and Executive Action on Voter Registration

Boulder County Voters:

This page is to track and provide brief updates on what is happening with federal legislation and executive actions that could impact voter registration, voting procedures, and voter data.

Sept. 3 Update

As noted below, on Aug. 27 a federal court blocked the USPS from implementing its new mail-ballot rules. Today, the Trump Administration formally asked the U.S. Supreme Court to review that temporary order, which would allow the USPS to move forward with the proposed changes.

The Supreme Court is expected to respond to the request by 10 a.m. on Tuesday, Sept. 8. We will await that decision and provide any new updates then.

Currently, we expect our mail ballot process in Colorado to proceed as normal. However, please know that our office is prepared to ensure a successful, transparent, and fair election under any circumstances.

Aug. 31 Update

There have been several significant developments since our Aug. 25 update regarding President Trump’s executive order and the federal government’s efforts to impose new requirements on mail ballots.

The most important takeaway for Colorado clerks and voters remains simple: Colorado’s current mail-ballot procedures remain in place, and no operational changes are required at this time.

Formal USPS Rule Adoption and Challenges from States and the League of Women Voters

On Aug. 21, the U.S. Postal Service formally adopted a new rule implementing portions of President Trump’s March 31 executive order regarding mail ballots.

On Aug. 26, Colorado Attorney General Phil Weiser joined 25 other states in filing a new lawsuit challenging the USPS rule. The states argue that USPS does not have the authority to impose these requirements on states.

The League of Women Voters and other voting-rights organizations have also continued their separate lawsuit challenging the federal government’s authority over mail voting. After USPS published its final rule, the League amended their complaint to specifically challenge the now-final USPS rules.

A federal court has now blocked USPS from implementing the new rule

On Aug. 27, a federal judge issued a temporary order blocking USPS from implementing the new mail-ballot requirements. The court found that there was not enough time to make these changes before the November election.

The temporary restraining order is currently in place for 14 days while the court is considering whether to issue a longer-lasting preliminary injunction.

What about the Supreme Court decision?

The Aug. 24 Supreme Court decision has not been overturned.

The Supreme Court overruled a decision that had temporarily stopped USPS moving forward with proposed rules. At the time, the rules were not yet final, and this was a procedural decision, not one that is based on the merits of the rules.

The circumstances have now changed because USPS has issued its final rule and new litigation is directly challenging that rule.

Bottom line

The new USPS mail-ballot requirements are currently blocked from implementation for the 2026 election. Colorado clerks do not need to redesign ballots, change mail-ballot procedures, or begin using the new USPS portal at this time.

For voters, the same message applies: your ability to receive and return a Colorado mail ballot has not changed. County Clerks will continue administering the 2026 election under Colorado law and established procedures, and will communicate promptly if any court decision or federal action requires a change.

August Update (Aug. 25):

The U.S. Supreme Court issued a decision on Aug. 24 involving President Trump’s executive order on federal elections.

In March 2026, President Trump issued an executive order directing federal agencies to take a number of actions related to federal elections.

Two separate lawsuits challenged the executive order. The first was brought by a group of states, including Colorado, and challenged several parts of the order. The second was brought by the League of Women Voters and other voting-rights organizations and focuses specifically on the USPS and mail-ballot provisions.

The most important takeaway for Colorado clerks and voters is simple: Nothing changes for election administration today.

What was the case about?

The group of states sued over three parts of the executive order:

• plans for federal agencies to create and share citizenship information with states;
• increased federal investigation and enforcement related to ballots issued to people who are not eligible to vote; and
• new USPS requirements for mail ballots, including ballot envelopes, barcodes, and information states would need to provide to USPS.

A federal court had temporarily blocked those parts of the executive order from being implemented.

What did the Supreme Court do?

The Supreme Court temporarily lifted that court order block while the case continues.

The Court did not decide whether the executive order is legal. It did not say the federal government has the authority to make these changes.

The Court’s decision was based largely on timing. It found that, when the states filed their lawsuit, many of the federal agencies had not yet finalized their plans or put new requirements into place.

What does this mean for clerks and voters?

Nothing changes right now.

There is a second, separate lawsuit involving the USPS requirements for mail ballots brought by the League of Women Voters and other voting organizations. In that case, a separate federal court order is still in place blocking USPS from implementing its new requirements for the 2026 election.

That means there is currently no requirement for Colorado clerks to:

• change ballot envelopes;
• change how ballots are mailed;
• submit voter information through the new USPS Federal Ballot Mail Portal; or
• change other current election procedures.

What happens next?

The legal challenges are not over.

The federal government may continue trying to lift the remaining court order blocking the USPS requirements. There may also be additional lawsuits now that USPS has issued a final rule.
Bottom line

One court order was lifted. A separate court order remains in place that prevents USPS from implementing the new mail-ballot requirements for the 2026 election.

For Colorado clerks, the immediate message is simple: continue preparing for the 2026 General Election under existing Colorado law and procedures. No operational changes are required as a result of the Supreme Court’s decision.

For voters: rest assured that County Clerks will work endlessly to administer elections that are fair, accessible, and secure. Clerks will follow the law and always fight to protect voters’ right to cast their ballot.

The Colorado County Clerks Association (CCCA) will continue monitoring the litigation, the USPS rule, and any additional federal actions and will provide updates if anything changes that affects election administration.

For additional context, please read CCCA President Carly Koppes’ statement on the Supreme Court decision. Additionally, see below for more information and positions the bi-partisan association of Colorado County Clerks has taken in response to federal activity around elections.

July 2026 Update:

Second update: On July 16, the President made a speech to nation on election security. Please review the Colorado County Clerks Association statement in response.

First update: Earlier this spring, President Trump signed another executive order related to election administration. This order seeks to expand the United States Postal Service’s role in elections – specifically its control over mail ballots, who receives them, and related processes.

In response, the USPS released proposed rule changes to implement the executive order. A federal judge has blocked the proposed rules from USPS.

However, the Colorado County Clerks Association filed a response outlining how the proposed rules conflict with Colorado election law and established election administration practices in case the decision is appealed. You can read the CCCA statement to learn more.

February 2026 update:

On Feb. 12, the House passed a revised version of the SAVE Act, now entitled the SAVE America Act (see our April 2025 post below for information on the original bill). Not only does this legislation require proof of citizenship when registering to vote, it also requires photo identification to vote in federal elections (and bans the use of student IDs), requires voters to include a copy of their ID when requesting and submitting mail-in ballots, and requires states to turn over confidential voter roll data, which to date has been blocked by the courts (after administration attempts at getting this private data). While this legislation is likely to face strong opposition in the Senate, we are nonetheless concerned about this legislation as it would massively impact how Coloradans register to vote, cast their ballot, and expose confidential voter data. Additionally, see our below April post to understand why the “proof of citizenship to register to vote” is complicated and why the bi-partisan association of Colorado County Clerks came out in opposition to the original SAVE Act.

October 2025 updates:

Executive Order issued on March 25, 2025

A federal judge paused parts of this Executive Order on April 24, 2025, putting on hold the citizenship requirements of the order. Additionally, Attorney Generals from 19 states, including Colorado, have sued the administration over the order. This effectively puts the most concerning and impactful elements of the EO on hold during the pending litigation.

H.R. 22 – SAVE Act

The House passed the SAVE Act on April 10, 2025. We don’t know if or when the Senate will take up the bill for debate. It likely faces an uphill battle to receive the required 60 votes for passage as Democratic senators have said they will block the bill by filibuster. While there has been some discussion about federal legislators trying to include the SAVE act, or portions of the bill, into a must-pass package, such as a continuing budget resolution or as part of the National Defense Authorization Act, with the government shutdown, we believe that is unlikely.

H.R. 4851 – PROVE Act

The PROVE Act (Providing Residency for Overseas Voter Eligibility Act) was introduced Aug. 1, 2025 into the House by Rep. Hamadeh (R-AZ-8). While the proposed bill has not garnered much media attention, it is a concerning piece of legislation. It would require those living abroad to prove they maintain a current residence in the U.S., which has never been required and is not required by military members overseas. Voting while abroad already takes commitment and is complex without additional hurdles, so we hope this bill does not move forward. The nonpartisan foundation, U.S. Vote Foundation has a statement opposing the act. With the government shutdown, it is unlikely this bill will be a priority this year, however, we will continue to monitor the legislation.

Further action by the Administration of concern:

The current administration continues to attack proven and safe methods of voting, including most recently calling into question the integrity of mail-in ballots and voting machines. In fact, the White House has signaled a desire to sign an executive order that would bar states from using mail ballots and potentially some voting machines. Whether or not the President has this power (the Constitution makes clear states run elections), simply declaring so adds unnecessary confusion for the public and perpetuates falsehoods about the voting process.

Additionally, the current administration has also curtailed who can register voters, going against long standing partnerships and precedent. You can read the U.S. Citizenship and Immigration Services memo announcing the change. This means that non-partisan trained voter registration groups, like League of Women Voters, can no longer register voters depending on where the citizenship ceremony is held, shifting the work to election staff only. This is unfortunate, as both county offices and the Secretary of State’s office often lack the staff capacity to attend and have long depended on trained volunteer organizations to conduct voter registration activities.

Additionally, the administration’s Department of Justice has been suing multiple states to turn over detailed voter rolls, including information typically kept private (not in the public voter roll file), such as driver’s license or partial social security number. The data request to Colorado was a bit different (occurred back in May) and only publicly available data was provided by the Secretary of State. While Colorado data is currently not being requested, we will report if that changes as we share the concerns that other states have.

Original Post from April 2025:

Boulder County Voters:

As your Boulder County Clerk & Recorder, my office regularly engages with Colorado’s legislative process to help shape election policy—both independently and through the bipartisan Colorado County Clerks Association.

In my time serving this community, I’ve rarely felt compelled to speak out on federal election issues. But the recent actions taken by both Congress and the Executive Branch present real cause for concern—especially as they threaten to undermine Colorado’s widely respected, accessible, and secure election model.

Specifically, I’m referring to the White House’s recent Executive Order on Voter Registration and the federal SAVE Act (Safeguard American Voting Eligibility, H.R. 22). These proposals could significantly disrupt how we conduct elections in Colorado, making it harder—not easier—for eligible voters to participate.

The Executive Order

Colorado has joined a multi-state lawsuit challenging the Administration’s executive order. You can review the legal filing or read more about it in this Colorado Newsline article.

The SAVE Act

This bill would codify many of the measures in the executive order. It’s a deeply flawed piece of legislation that:

• Imposes costly, unfunded mandates on local governments
• Erects unnecessary barriers for voters, particularly rural voters, young people / student / college voters, military personnel, and overseas citizens
• Disproportionately impacts married women who have changed their last names

Importantly, the SAVE Act is a solution in search of a problem—there is no evidence of widespread non-citizen voter registration in the U.S. Despite this, the bill would overhaul how Americans register to vote in ways that could disenfranchise eligible voters.

The Colorado County Clerks Association—made up of all 64 county clerks across the state, the majority of whom are Republicans—has formally opposed the SAVE Act. We sent a letter to our entire congressional delegation expressing our deep concerns.

Why This Matters

While many articles cover the SAVE Act, here are just a few key reasons why our office opposes it—and why I urge every voter to learn more and talk to friends and family here and in other states:

• Proof of citizenship would be required every time you register or update your registration.
  That means if you move—even just across town—you would need to re-register in person and provide documentation like a birth certificate or passport. This especially burdens rural voters, college students, new residents, and military/overseas personnel.
• The documentation requirement is especially tough for many women.
  Many married women have legally changed their names, meaning their birth certificates may not match their current legal name. They would need to provide additional documents—often ones they don’t have on hand—to prove their identity and citizenship. And remember, ordering official copies of your marriage and/or birth certificate from home states can take weeks, if not months, and comes with cost.
• It places new, unfunded costs on counties.
  In Boulder County alone, we process more than 116,000 registration transactions each year—most of them online. Under the SAVE Act, if all those transactions had to happen in person, we would likely need to hire 7–8 new staff members just to manage the volume.
• It’s based on a false premise.
  Multiple audits and studies have found no evidence of widespread non-citizen registration or voting. You can read more in this ABC News article that breaks down how rare such cases actually are.

Bottom Line

The SAVE Act doesn’t improve election security—it creates new and unnecessary obstacles to voting. Instead of making it harder to vote, Congress and the Executive Branch should be working to strengthen access, security, and trust in our elections.

Thank you for taking the time to stay informed. Democracy depends on voter participation—and on all of us speaking up when that right is at risk. I’ll continue to share updates on this page about this topic and any other federal actions that could affect Colorado’s election model or our voting process.

Sincerely,

Molly Fitzpatrick, Boulder County Clerk & Recorder