Administration Appeals to Supreme Court to Tighten Mail-In Voting Rules Ahead of Midterms

The administration has renewed its Supreme Court appeal seeking to permit mail-in voting restrictions, following a federal judge’s blocking of new ballot limits ahead of the November midterm elections.

This filing comes after US District Judge Indira Talwani extended a court order on Friday that bars the Postal Service from implementing Trump’s executive order.

The legal dispute continues as states begin distributing mail-in ballots, leaving the administration with limited time to implement substantial rule changes.

“Ballots have already started mailing in North Carolina, and additional states will follow while the injunction remains in effect,” Solicitor General John Sauer stated in Sunday’s Supreme Court filing, noting Alabama begins September 9 and at least five others the week of September 13.

“Once ballots enter the mailstream, they cannot be retrieved,” Sauer argued in the emergency application. “While the injunction permits the Postal Service and states to continue taking steps to meet the rule’s requirements, each day it remains in place risks confusion and chaos by making these preparations voluntary rather than mandatory.”

This marks the third time the administration has asked the nation’s highest court to intervene; the court has permitted the plan to proceed but has not ruled on its legality.

The outcome could significantly impact this year’s elections, with control of Congress at stake, as nearly one-third of US voters typically cast ballots by mail.

In March, the president signed an executive order prohibiting the Postal Service from delivering ballots to voters not on a federal list of eligible citizens maintained by the Department of Homeland Security, effectively limiting delivery to approved voters only.

Democratic-led states and voting rights groups contend the ordered changes are unconstitutional, while state election officials say they lack sufficient time to overhaul their systems to comply with the new federal directives.

The Trump administration characterizes its plans to limit mail-in ballots as “commonsense measures” aimed at protecting election security, and calls the blocking order “unreasoned and unlawful.”

Trump has repeatedly sought to restrict mail voting despite having used the method himself, falsely blaming mail balloting for his 2020 loss to Joe Biden while promoting unfounded fraud claims.

The USPS has stated it is prepared to implement the new restrictions, which would require states to provide the postal service with names and barcodes linked to mail-in ballots for federal elections, should the court injunctions be lifted.

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