Arizona Secretary of State Adrian Fontes criticized the U.S. Supreme Court’s August 24 ruling allowing President Donald Trump’s executive order to proceed, which seeks to restrict who can receive mail-in ballots. Fontes called the decision “convoluted” after the court overturned a lower-court injunction, though Arizona officials said the ruling did not change the state’s existing mail-in voting procedures.
The Supreme Court’s ruling on August 24, 2026, allowed President Donald Trump’s executive order to proceed, removing a procedural barrier that had prevented the administration from moving forward with plans to restrict who can receive mail-in ballots through the U.S. Postal Service. However, Arizona officials emphasized that the ruling did not change the state’s mail-in voting system, which remains governed by state law and existing procedures. A separate nationwide federal injunction, resulting from litigation including the League of Women Voters of Massachusetts, continues to block enforcement of Trump’s order, meaning it cannot currently be implemented in Arizona or elsewhere, according to state election officials.
Arizona Secretary of State Adrian Fontes sharply criticized the Supreme Court’s decision, calling it “convoluted” for overturning a lower-court injunction without providing clear guidance on how mail-in voting rules might be affected.
Fontes said the procedural ruling leaves states and election officials uncertain about potential new requirements ahead of the 2026 general election. Despite his criticism, Fontes repeatedly reassured voters that “nothing has changed” for Arizona voters, who “can still vote by mail in Arizona,” and that election officials are continuing preparations under existing rules.
Fontes also expressed concerns about the Trump administration’s handling of voter data, stating he is “loath to hand over a bunch of personal identifying info to folks who don’t understand how the world works and are blinded by ideology,” according to interviews. He stressed that the ruling does not settle the underlying legal questions surrounding mail-in voting, which remain subject to ongoing litigation.
Arizona Attorney General Kris Mayes, a Democrat, echoed Fontes’ criticism, calling the administration’s efforts an attempt to “undermine the right of people in this country to vote” and pledging, “We will fight this!” Mayes highlighted that the Supreme Court’s ruling is procedural and does not grant the Postal Service authority to withhold ballots from registered voters. She has previously sued the Trump administration over the executive order, arguing that it threatens Arizona’s long-established vote-by-mail system relied upon by millions of residents, including military families, rural voters, and tribal communities.
Mayes noted that nearly 80% of Arizona voters cast their ballots by mail in recent elections, underscoring the broad reliance on this method across the state. She stressed that “states run their elections, not the President,” and vowed that Arizona will not allow the federal government to seize control of its election processes.
State election officials confirmed that ballots for upcoming elections will continue to be sent and processed under current Arizona rules, with no new restrictions on who may receive mail-in ballots. They emphasized that the ruling does not affect signature-verification procedures, ballot-handling practices, or the timelines for sending and returning early ballots established by state statutes and the Elections Procedures Manual.
Arizona’s mail-in voting system is deeply entrenched, with roughly 80% of voters regularly choosing this method. Courts in Arizona have consistently upheld the state’s mail-in voting laws and procedures against Republican-backed challenges. For example, the Arizona Supreme Court dismissed a petition in early 2025 seeking to eliminate all early voting and rejected a GOP challenge to signature-verification practices in August 2025, leaving intact rules favorable to mail-in voting. These decisions affirm that changes to mail-in voting must comply with state statutes and the Elections Procedures Manual, limiting unilateral alterations by local officials or federal actors.
In 2020, the Arizona Supreme Court ruled in ARIZONA PUBLIC INTEGRITY ALLIANCE v. FONTES that county recorders do not have independent authority to issue new mail-in ballot instructions without approval from the Secretary of State’s office. This ruling reinforces the central role of the Secretary of State, currently held by Fontes, as the chief authority on mail-in ballot guidance. Fontes’ public statements on the Supreme Court’s 2026 ruling reflect this legal framework, asserting that Arizona—not the federal executive branch—has primary authority over mail-in voting procedures.
Both Fontes and Mayes have sought to reassure voters that the state’s mail-in voting system remains intact and encourage participation using familiar methods. They have also indicated a willingness to continue legal battles to protect mail-in voting access in Arizona. Public messaging from their offices highlights the diverse constituencies relying on mail voting, including Independents, Republicans, Democrats, military families, rural residents, and tribal members, emphasizing the potential impact of any federal restrictions.
The Supreme Court’s procedural ruling comes amid ongoing national debates and legal disputes over mail-in voting. While the decision permits the Trump administration to proceed with its executive order, key legal challenges remain unresolved, and enforcement is blocked by a separate federal injunction. Arizona officials continue to prepare for the 2026 general election under existing state laws and procedures, maintaining the status quo for mail-in voting access.
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