RICHMOND, Va. — The future of mail-in voting in Virginia and across the country is up in the air ahead of the 2026 midterms following an executive order from the president and a Supreme Court hearing on the issue.
Virginia Attorney General Jay Jones said his office will join lawsuits challenging an executive order signed by President Donald Trump this week. The order calls for the creation of federal and state lists of eligible voters and for the U.S. Postal Service to create a special tracking system for mail-in ballots.
"This is blatantly illegal. It's nothing more than fearmongering," Jones said.
"It’s about voter integrity, we want to have honest voting in our country because if you don’t have honest voting, you can’t have really a nation," Trump said.
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Jones said the order is federal overreach and elections are handled by the states.
"We never have issues with voter fraud, we never have issues with our election security. We have taken measures legislatively to deal with that," Jones said.
Republican State Sen. Mark Peake said while he understands what the president is trying to do and believes strongly in election integrity, he has constitutional concerns.
"I believe constitutionally, the election process is still left with the states, and I believe in the Constitution," Peake said.
The executive order is just one of several possible changes facing mail-in voting. After a hearing last week, the Supreme Court looks poised to overturn a Mississippi law that allows mail-in ballots received up to five days after Election Day to be counted as long as they are postmarked by Election Day.
Democratic State Sen. Barbara Favola said a ruling against the process would impact Virginia, which currently accepts ballots until noon three days after the election.
"The questioning was alarming, from my standpoint," Favola said.
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Favola has a bill awaiting action from Gov. Abigail Spanberger to extend the deadline to 5 p.m. on the same day. Favola said the bill stems from concerns about postal service delivery times, adding that mail-in ballots are more than just a convenience, but an opportunity to ensure people can vote.
"And that's really what democracy should be about," Favola said.
Peake supports ending the practice of accepting ballots after Election Day, saying the extra days are terrible for confidence in Virginia's election integrity.
"We have got to be able to declare a winner of our elections on Election Day," Peake said.
Peake said provisions should be made for military personnel serving overseas, but he opposes the 45 days of early voting available for everyone else.
"There's no excuse and we need to quit making excuses. It's a right to vote, it's also a privilege to vote, and it's a responsibility to vote. Take the responsibility to get your vote in if it matters to you, go vote," Peake said.
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In the 2025 governor's race, over 3.4 million ballots were cast, and just under 30,000 were received after Election Day with a postmark. Favola said the mail-in option is used by Republicans and Democrats around the state, and concerns over its integrity are unfounded.
"A mail-in ballot that comes in a day after the election or two days after the election is just as valid as a mail-in ballot that comes in before the election. There's no difference in the structure of the ballot and the requirements of the ballot," Favola said.
A decision from Spanberger on Favola's bill is due by April 13, while a ruling from the Supreme Court on Mississippi could come as late as June.
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