Essex County residents will still receive mail-in ballots for the November 2026 midterm elections under New Jersey state law, even as a fast-moving legal battle over President Donald Trump's executive order restricting mail voting plays out in federal court.

Essex County Clerk Durkin announced Wednesday, Aug. 26, that his office will keep processing vote-by-mail ballots as usual, according to Patch.

"New Jersey is currently in litigation with the federal government and at this time no one knows exactly what the outcome will be," Durkin said.

The practical upshot for Short Hills, Millburn and Livingston voters: if you want to opt out of receiving a mail-in ballot, you must submit the form at essexclerk.com by Sept. 4. The form can be returned by mail or email. Ballots go out Sept. 19, and anyone who hasn't received one by Oct. 9 should call the clerk's office.

What happened at the Supreme Court

The U.S. Supreme Court voted 6-3 on Monday, Aug. 24, to lift a lower-court injunction that had blocked key parts of Trump's executive order, NBC News reported. The order, signed in March 2026, directs the Department of Homeland Security to compile a list of eligible voters in each state and requires the U.S. Postal Service to deliver mail-in ballots only to voters on those lists.

The court did not rule on whether the order itself is lawful.

The unsigned majority opinion noted that the ruling does not mean every government action to implement the order will necessarily be lawful, according to Reuters.

The same day Durkin made his announcement, a federal judge lifted a separate nationwide injunction that had blocked the Postal Service from implementing the rule, Bloomberg Law reported. The USPS final rule, published in the Federal Register on Aug. 26, includes a ballot-verification portal and new envelope-preparation standards.

Also on Aug. 26, Democratic attorneys general from 23 states filed a new lawsuit challenging the USPS rule, Politico reported. New Jersey is among the states in active litigation with the federal government over the executive order, according to Durkin.

The USPS had previously said it would "not take actions to implement the rule specifically for the 2026 election" while injunctions were in place, The New York Times reported on Aug. 21. That condition changed when the injunction was lifted.

What Essex County voters need to know

  • Opt-out deadline: Sept. 4. Form available at essexclerk.com.
  • Ballots mailed: Sept. 19.
  • Didn't get your ballot? Call the clerk's office.
  • Returning your ballot: By mail, secure drop box or in person at the county board of elections. Must be postmarked by 8 p.m. on Election Day and received within six days after polls close.
  • Track your ballot: voter.svrs.nj.gov.

New Jersey voters cast 763,178 mail-in ballots in the 2024 general election out of 4.32 million total ballots, according to the Associated Press. The state offers no-excuse absentee voting, meaning any registered voter can request a mail ballot without giving a reason.

The legal landscape could shift again before ballots go out Sept. 19. Residents can monitor updates through the Essex County Clerk's office at essexclerk.com or by calling 973-621-4922.