Supreme Court Blocks Postal Service’s Mail Voting Rules Ahead of Elections
The Supreme Court decided on Monday to maintain a lower court ruling that blocks the U.S. Postal Service from applying new mail voting regulations. This decision thwarts the Trump administration’s attempt to implement new rules before the November midterm elections. The court’s order stalls the application of these requirements, which were finalized by the Postal Service late last month, amidst ongoing legal challenges. As mail ballots have already been distributed in several states, election authorities expressed concerns about the feasibility of adjusting to the new policies in time for the upcoming elections.
The Trump administration argued these rules aim to prevent fraud in mail voting, calling it a significant threat to the integrity of elections. However, despite these claims, there is no evidence of widespread voter fraud, and President Trump himself voted by mail in Florida elections this year. The Supreme Court’s brief, unsigned order indicated that the government’s challenge to the District Court’s preliminary injunction is unlikely to succeed. Justices Samuel Alito and Clarence Thomas dissented, believing the states may not prove the Postal Service’s policy is unlawful.
Justice Brett Kavanaugh joined the majority but noted potential validity under the Postal Service’s statutory authority in the new rule. Yet, he found implementing it during the November elections as arbitrary, violating the Administrative Procedure Act, due to insufficient time for state and local officials to adjust. The Postal Service’s rule demands mail ballot envelopes meet specific design standards, includes unique barcodes, and requires state and local election officials to input voter information into an online portal.
The Postal Service warned that ballots not adhering to these requirements would be rejected. These policies alarmed election officials, who feared they might disenfranchise voters, especially with states about to conduct elections. States and voting rights groups challenging the rules argue they unconstitutionally interfere with states’ right to manage elections, stating the Postal Service lacks jurisdiction to dictate rules for mail voting at the federal level. In recent legal filings, these groups contended that compliance before the midterms would be unfeasible, potentially preventing millions of voters from participating by mail and causing significant electoral disruption.
The Trump administration argued that these rules are constitutional with minimal requirements. Solicitor General D. John Sauer stated, “The Rule’s regulation of the U.S. Mail—not federal elections—is plainly constitutional.” While states have primary control over election processes, he argued they cannot demand exemption from Postal Service rules if they choose federal mail systems.
This Supreme Court decision concludes a legal battle ignited by President Trump’s executive order in late March, seeking to tighten mail voting rules. In response, Democratic-led states sued, claiming the directive was unconstitutional. Judge Indira Talwani blocked the administration from enforcing critical parts of the order. However, the Supreme Court paused this decision, declaring the states’ suit premature as the rules were still being finalized. With the rules published shortly thereafter, many states proceeded with further legal action, resulting in Talwani’s temporary order prohibiting their enforcement, which was contested by the Justice Department. The Postal Service subsequently appealed, leading the Trump administration to seek assistance from the Supreme Court during the interim prior to Talwani’s preliminary injunction.
During a recent hearing, Judge Talwani expressed concerns over potential voter disenfranchisement and criticized a lack of detail in the Postal Service’s plans. As of early September, refinements were reportedly being made to improve the service’s online portal. Concurrently, a whistleblower alerted Congress to severe issues with the system, describing it as “untested” and warning of possible delivery failures for mail ballots due to verification process challenges.