Supreme Court Ruling on Mail-In Voting Ahead of Midterms

A new map highlights the popularity of mail-in voting across the U.S. This development follows a Supreme Court decision that allows the potential enforcement of an executive order from President Donald Trump. The order seeks to limit mail-in voting ahead of the upcoming midterm elections.

The court granted the Trump administration’s request to lift a lower-court hold on parts of the order. However, the extent of its implementation before the elections remains uncertain. Mail-in voting is a significant element of the U.S. electoral process, but its prevalence varies nationwide.

Mail Voting Trends

A 2025 report from the U.S. Election Assistance Commission reveals that about 30.3 percent of Americans used mail-in voting in the 2024 election. Nationally, more than 66 million mail ballots were issued, with approximately 72 percent returned. Almost 99 percent of these returned ballots were counted.

The Western U.S. had the highest mail voting rates, with states automatically sending ballots to registered voters. Oregon led with 99.3 percent mail-in votes in 2024, followed by Washington (98.5 percent), Utah (91.5 percent), and Colorado (91.3 percent). Hawaii, California, and Nevada also had high mail voting due to expansive systems.

In contrast, the Southern and Midwestern states reported lower mail-in voting rates. Strict requirements and limited access to mail voting contributed to this trend. West Virginia had 2.9 percent mail votes in 2024, while Texas recorded 3.3 percent.

The Legal Battle

With midterm elections approaching, control of Congress is at stake. Republicans aim to retain their slim majorities as legal disputes over voting methods emerge. Trump has criticized mail voting, citing fraud concerns despite a lack of supporting evidence.

Some advocates say robust safeguards are needed to ensure election integrity. They express worries about the accuracy of voter rolls and the potential for ballots to be issued to ineligible voters. However, mail voting fraud remains rare, with a Brookings Institution study identifying just four cases per 10 million mail votes from 2016 to 2022.

Impact of Executive Order

Trump’s March executive order commands federal agencies to compile eligible voter lists, with the U.S. Postal Service instructed to deliver ballots only to listed individuals. New requirements restrict sending ballots from non-compliant states.

Officials from 23 states and the District of Columbia have challenged the order, arguing that elections are state and congressional responsibilities. The Supreme Court’s recent 6-3 decision ruled against these states, stating they lack the legal standing to contest the order’s implementation.

The High Court’s action “does not mean that any measure taken… to implement the Order will necessarily be lawful,” stated the majority in an unsigned opinion.

Justice Ketanji Brown Jackson labeled the ruling as disruptive and chaotic ahead of elections. Meanwhile, the White House hails the decision as a triumph for election security.

Democratic Response and Court Rulings

Democratic leaders are opposing the High Court’s ruling. California Governor Gavin Newsom and Pennsylvania Governor Josh Shapiro criticized the decision, vowing continued legal challenges. New York’s Attorney General Letitia James also called it a setback and pledged further action.

A separate injunction blocking Trump’s order nationwide remains active. The Trump administration is seeking to overturn it in view of the recent ruling. In August, U.S. District Judge Indira Talwani backed the League of Women Voters, issuing an injunction that prevents changes to this year’s election rules.

With less than 90 days until the November 3 midterms, judicial decisions continue impacting the mail-in voting landscape. Some states are already preparing to dispatch mail ballots, posing a challenge for implementing significant changes swiftly.