The Trump administration has appealed to the Supreme Court to reinstate restrictions on mail-in ballots, just as states are beginning to mail them to voters for the upcoming midterm elections. The appeal follows a preliminary injunction issued by U.S. District Court Judge Indira Talwani that temporarily blocked the U.S. Postal Service from enforcing several requirements for mail ballots in the November elections.
Solicitor General John Sauer argued in the filing that the injunction remains in place as ballots are already being sent out in North Carolina and will begin going out in other states, including Alabama on September 9 and at least five more states the week of September 13. "Once those ballot envelopes enter the mailstream, there is no retrieving them," Sauer stated.
The administration asserts that allowing the injunction to persist risks creating "confusion and chaos" as more states prepare to mail ballots, because compliance with the Postal Service rule would remain voluntary instead of mandatory. The administration views the rule as a "lawful and modest exercise of rulemaking authority" that regulates U.S. Mail and not federal elections.
The disputed rule mandates that mail-in ballots sent via U.S. Mail must use envelopes featuring the official Election Mail logo, meet automation requirements, and include unique barcodes. State election officials would also be required to submit envelope designs for review and provide the Postal Service with information about intended ballot recipients. According to the administration, these requirements are designed to enhance the handling and delivery of ballot mail and to safeguard the mail system against voter fraud.
The rule, however, would not grant the Postal Service authority over voter eligibility, ballot counting, or election deadlines, responsibilities that remain with state and local election officials. Opponents, including Democratic-led states and voting rights groups, argue that the changes are unconstitutional. Election officials have also raised concerns about the insufficient time to adapt their systems to comply with the new regulations before the November elections.
The administration contests these arguments, citing broad congressional authority granted to the Postal Service to regulate mail handling and delivery. They maintain the rule does not dictate ballot content, voter eligibility, election deadlines, or counting procedures.
This is the third time the administration has sought Supreme Court intervention in this dispute. The court previously allowed the administration's plan to proceed but has not yet ruled on the legality of the restrictions themselves. The outcome of this legal battle could significantly impact the November elections, where nearly one-third of U.S. voters cast their ballots by mail.