House Republicans Double Down on Election Security After Court Defeats
Federal court rulings blocking election executive orders and a narrow Supreme Court decision on late ballots have intensified GOP efforts to pass election security legislation before the midterm elections.
A 5-4 Supreme Court ruling allowing states to count ballots received after Election Day has ignited a fresh wave of Republican legislation aimed at securing American elections before the November midterms.
The decision arrived Tuesday, just five days after federal judges permanently blocked President Trump's election executive orders. House Republicans now frame their voter security bills as the only path forward, drawing a sharp partisan line over measures their base says are common sense.
Justice Amy Coney Barrett authored the Watson v. Republican National Committee majority opinion, permitting states to accept mail-in ballots up to five days after voting ends. She joined Chief Justice John Roberts and liberal justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson in the 5-4 ruling.
Sen. Eric Schmitt called the opinion "a shockingly wrong opinion" on social media moments after its release. His frustration captures a growing Republican consensus that the courts are blocking what Congress should address through legislation.
"Justice Barrett joins with the liberal justices to hold that federal election law does not preempt states who allow late mail-in ballots to be counted," Schmitt wrote. "This is terrible for election integrity. Another reason we must pass the full SAVE America Act."
Rep. Greg Steube went further, urging Republicans to "nuke" the 60-vote Senate filibuster to pass election security legislation. The call reflects mounting impatience among lawmakers who see procedural roadblocks as their greatest obstacle.
Republicans are advancing two major bills. The SAVE America Act stands as the centerpiece, requiring documentary proof of citizenship such as passports or birth certificates to register for federal elections. It mandates government-issued photo ID to vote, requires states to check voter eligibility against the Department of Homeland Security database, and eliminates mail-only registration.
The measure cleared the House 218-213 on Feb. 11 with only one Democrat, Rep. Henry Cuellar of Texas, crossing party lines. The narrow margin illustrates how closely divided the chamber remains on election reform.
House Administration Committee Chairman Bryan Steil unveiled the Make Elections Great Again Act on January 29, 2026, incorporating SAVE Act provisions plus additional measures. The MEGA Act bans ranked-choice voting in federal races, requires auditable paper ballots, prohibits universal mail-in ballots, and mandates ballots be received by Election Day.
The legislation also bars ballot harvesting by third parties and requires voter roll purges every 30 days. "The guardrails will improve voter confidence, bolster election integrity, and make it easy to vote, but hard to cheat," Steil said.
The White House did not respond to Fox News Digital's request for comment on whether it supports the MEGA Act.
Two federal judges created the judicial blockade that prompted the legislative push. U.S. District Judge Denise Casper, nominated by President Obama, permanently blocked Trump's first election executive order on June 24, ruling the Constitution "does not grant the President any specific powers over elections."
Judge Indira Talwani blocked the second executive order on June 25, declaring "no law enacted by Congress delegates authority to control mail-in voting to USPS." Both rulings apply to Democratic-led and swing states.
The White House indicated it would appeal. Republicans frame these decisions as judicial activism thwarting executive efforts to enforce existing election laws.
The partisan divide runs deep. Democrats remain united against basic election security measures that 92 percent of Republicans support. Rep. Anna Paulina Luna stated the Republican position bluntly in a social media post: "IF YOU ARE NOT AN AMERICAN YOU DO NOT GET TO VOTE IN OUR ELECTIONS. This is not some radical extremist position, it's common sense and it's the ONLY way to secure our elections moving forward."
Luna also led the internal rebellion that nearly paralyzed House business last week. She blocked procedural votes and forced Speaker Mike Johnson to send lawmakers home early. Trump posted "No more grandstanding, please!" on Truth Social as the revolt unfolded.
Johnson now brings lawmakers back this week with a clear message. "We have got a lot more to do," he told Fox News. "We have got to keep it going."
Time is running short for legislative action. The House has only about 28 days of session left before the November midterm elections. Republicans must pass continuing resolutions, defense spending, and a reconciliation bill while energizing their base on election integrity.
Budget Committee Chairman Jodey Arrington said the committee is close to a framework. "We have to energize our base, and we have to address the enthusiasm gap," he said.
Rep. David Valadao said he is "not seeing a path forward" on reconciliation given the Senate filibuster. Republicans hold only 53 Senate seats and need 60 votes to overcome procedural hurdles. Senate Majority Leader John Thune acknowledged the SAVE Act lacks those votes.
Polling shows election integrity resonates with the Republican base. Voter confidence in elections has dropped 10 points since October 2024. A Marist poll found 57 percent of Republicans cite voter fraud as the biggest election threat, compared to 41 percent of Democrats who cite voter suppression.
Eighty-five percent of Americans believe AI-generated political content will spread misinformation about the November elections. This polling backdrop explains why Republicans view the issue as essential to electoral legitimacy.
Sen. Mike Lee argued, "Congress exercised its constitutional authority to set the times, places, and manner of federal elections by designating one federal Election Day. Unfortunately, the Supreme Court has decided to disregard the plain meaning of the law and left the door open to counting late ballots for days afterward. It is more urgent than ever for Congress to restore trust and security in American elections."
The immediate legislative test comes on the National Defense Authorization Act. Luna has filed an amendment attaching the SAVE Act to the defense bill. Because of the narrow Republican majority, only a few "no" votes can block advancement.
"If they want my vote, they should entertain it, debate it, and if they block it, then we'll see," Luna told reporters.
The outcome of this vote will signal whether Republicans can channel internal pressure into productive legislative gains before facing voters in November. With voter confidence declining and judicial barriers mounting, Republicans see the 2026 midterms as a referendum on their ability to deliver election integrity reforms that their base demands.
For millions of Americans who show up to vote every four years, the question is simple: Will the people in charge protect the sanctity of their ballot, or will they let the system continue to erode?