The Trump administration is again asking the Supreme Court to intervene in a legal dispute over new restrictions on mail-in ballots. This marks the third time the administration has appealed to the high court regarding an executive order that would change how mail ballots are handled for the upcoming midterm elections.
A federal judge had previously blocked these new restrictions, a decision the administration is now seeking to overturn. The legal challenge comes as some states are already beginning to send out mail ballots to voters. North Carolina has already started mailing ballots, and several other states are scheduled to begin the process in early to mid-September.
Solicitor General John Sauer argued in the filing that the injunction allowing preparatory steps to be voluntary risks "sowing confusion and chaos." He stated that once ballot envelopes are in the mailstream, they cannot be retrieved, and that compliance with the new rules must be mandatory. The administration contends that granting an administrative stay would remove uncertainty and clarify that adherence to the rule is required without delay.
Nearly one-third of American voters cast their ballots by mail, making this dispute potentially significant for the elections, which will determine control of Congress. Voting rights groups and Democratic-leaning states have argued that the administration's changes are unconstitutional. Election officials have also raised concerns about the feasibility of revising their systems to comply with the new directives in the limited time available.
The Trump administration has characterized the restrictions as common-sense measures within its authority to regulate mail. However, President Trump has a history of seeking to limit mail voting, despite his own use of the method, and has made unsubstantiated claims of fraud related to mail-in ballots from past elections.