Trump Administration Appeals to Supreme Court Over Mail Ballot Restrictions

The Trump administration on Sunday renewed its appeal to the Supreme Court to allow new restrictions on mail ballots in time for the midterms.

The filing came after US District Court Judge Indira Talwani extended an order against the Postal Service enforcing US President Donald Trump’s executive order for the November elections.

The legal wrangling is happening even as states start sending out mail ballots, leaving the administration little time to make big changes in mail ballot rules.

“Ballots have already begun to be mailed in North Carolina, and more States will begin the mailing process as the injunction remains in place — including Alabama on September 9 and at least five States the week of Sept. 13,” Solicitor General John Sauer said in the filing.

“Once those ballot envelopes enter the mailstream, there is no retrieving them. And while the injunction allows the Postal Service and the States to continue taking steps to ensure that their envelopes satisfy the Rule’s requirements ... each day the injunction is in place risks sowing confusion and chaos because the injunction makes those preparatory steps voluntary, rather than mandatory.”

This is the third time the administration has asked the high court to intervene. The high court has allowed the plan to move forward but not ruled on whether it is legal.

The battle could have major ramifications for this year’s elections, when control of Congress is at stake. Nearly one-third of voters in the US cast mail ballots.

Democratic states and voting rights groups say the changes are unconstitutional. Election officials contend there isn’t enough time to revise their systems to comply with the new Postal Service directives.

The Trump administration has framed the restrictions as commonsense changes that are within its power to regulate the mail.

“Simply put, the best way to address respondents’ fears about inability to comply with the Rule is to grant an immediate administrative stay of the order, followed by a full stay pending further review,” Sauer said. “That will remove the improper cloud of uncertainty that the district court has cast over the Rule, making clear to all involved that compliance with the Rule is not optional and must start without further delay.”

The filing added that eligibility for mail-in and absentee voting will continue to be governed by state law and state and local officials will determine who is eligible to use the method and which ballots are eligible to be counted. “The Postal Service will not play any role in determining voter eligibility, maintaining voter rolls, or counting ballots.”

The ACLU said the Postal Service rule is unconstitutional and unlawful.

"With fewer than 60 days to go before the November election, there is not a shred of evidence that states could comply with it without disenfranchising voters who rely on mail ballots,” said Sophia Lin Lakin, director of the ACLU’s Voting Rights Project, in a statement.

“Put plainly, this administration is racing to the Supreme Court to demand the right to enforce a rule that has no purpose other than to create chaos, undermine election integrity, and rob eligible voters of their essential right to make their voices heard in our democracy."

Trump has long sought to limit mail voting, even though he himself often uses that method to cast his own ballot. He has falsely blamed mail balloting for his 2020 election loss to Democrat Joe Biden, spreading baseless claims of fraud. But so far, he has been unable to change the longstanding voting procedure.