Trump Administration Appeals to Supreme Court Over Mail Ballot Restrictions

WASHINGTON (AP) — The Trump administration on Sunday renewed its appeal to the Supreme Court after a federal judge blocked new restrictions on mail ballots ahead of the midterms. The filing came after U.S. District Court Judge Indira Talwani extended an order against the Postal Service enforcing President Donald Trump’s executive order for the November elections. The legal wrangling comes even as states start sending out mail ballots, leaving the administration little time to make significant changes in mail ballot rules. Solicitor General John Sauer stated in the filing, "Ballots have already begun to be mailed in North Carolina, and more States will begin the mailing process as the injunction remains in place — including Alabama on September 9 and at least five States the week of September 13." He added, "Once those ballot envelopes enter the mailstream, there is no retrieving them. And while the injunction allows the Postal Service and the States to continue taking steps to ensure that their envelopes satisfy the Rule’s requirements ... each day the injunction is in place risks sowing confusion and chaos because the injunction makes those preparatory steps voluntary, rather than mandatory." This appeal marks the third time the administration has asked the high court to intervene. The Supreme Court has allowed the plan to move forward but has not ruled on its legality. The outcome could significantly impact this year’s elections, where control of Congress is at stake, as nearly one-third of voters in the U.S. cast mail ballots. Democratic states and voting rights groups argue that the changes are unconstitutional, while election officials contend there isn’t enough time to revise their systems to comply with the new Postal Service directives. The Trump administration has characterized the restrictions as reasonable changes within its regulatory authority over the mail. Sauer stated, "Simply put, the best way to address respondents’ fears about inability to comply with the Rule is to grant an immediate administrative stay of the order, followed by a full stay pending further review. That will remove the improper cloud of uncertainty that the district court has cast over the Rule, making clear to all involved that compliance with the Rule is not optional and must start without further delay." The filing also noted that eligibility for mail-in and absentee voting will continue to be governed by state law, and state and local officials will determine who is eligible to use the method and which ballots are eligible to be counted. The Postal Service will not play any role in determining voter eligibility, maintaining voter rolls, or counting ballots. Trump has long sought to limit mail voting, despite using that method himself to cast his own ballot. He has previously blamed mail balloting for his 2020 election loss to Democrat Joe Biden, making unfounded claims of fraud. However, he has been unable to change the longstanding voting procedure.