The administration of United States President Donald Trump has appealed to the Supreme Court to allow new restrictions on mail-in voting ahead of the midterm elections in November. This appeal follows a federal judge's ruling that blocked the US Postal Service (USPS) from enforcing Trump's executive order regarding mail-in ballots. On Sunday, the administration escalated the matter to the Supreme Court, requesting justices to temporarily permit the USPS to track mail-in ballots and determine if they could be rejected. Some states have already begun sending out postal ballots despite the ongoing legal dispute.
US District Judge Indira Talwani issued an order on Friday stating that Trump's directives, which would grant the federal government power over the handling of mail-in ballots, are likely unconstitutional. The judge criticized the timing of the executive order's implementation, noting that with just two months until election day, it “threatens disenfranchisement of millions of United States citizens who seek to vote by mail.”
In its emergency filing, the Trump administration countered Talwani's ruling, asserting that the Postal Service's final rule only imposes modest requirements for envelope design and addressee information for federal election ballots sent via U.S. Mail. US Solicitor General John Sauer argued that Trump's order would not infringe upon states' rights to administer elections but would impose “reasonable preparation requirements” for mail-in ballots.
Sauer stated, “[The rule] requires States to upload the name, address and barcode information of intended recipients of ballot mail in an online portal — information that election officials would necessarily already possess to send ballot mail under the Rule to those recipients. The Rule ensures that States remain responsible for determining voter eligibility and eligibility to vote by mail, and it does not dictate ballot content, mailing or receipt deadlines, or ballot-counting procedures.”
Supreme Court Justice Ketanji Brown Jackson has set a deadline of Wednesday for responses to the Trump administration’s request. This filing marks the third time the Trump administration has sought Supreme Court intervention. The court previously allowed the plan to move forward without ruling on its legality.
With control of the US Congress at stake in November, the Supreme Court's decision on this appeal could have significant implications. Despite voting by mail himself, Trump has consistently sought to limit mail-in voting, claiming it is prone to fraud. Critics argue that his motivation is to benefit Republicans, as Democrats are believed to utilize mail-in voting more frequently.
An analysis by the States United Democracy Center indicated that many voters, regardless of political affiliation, cast their ballots by mail, with one in four registered Democrats and one in five registered Republicans voting by mail in the 2024 presidential election.