Trump Administration Asks Supreme Court To Revive Mail-In Voting Order Before US Midterms
· Free Press Journal
The Trump administration has asked the US Supreme Court to allow President Donald Trump's executive order on mail-in voting to take effect ahead of the November midterm elections.
The Justice Department on Monday requested the court to temporarily halt lower court rulings that blocked the order in nearly half the country. The appeal comes days after Trump renewed his claims about election integrity during a primetime address and could be one of several voting-related cases before the court ahead of the midterm elections.
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Trump's March executive order directed the government to create a "state citizenship list" of eligible voters and ensure that mail ballots are delivered only to people included on that list.
Legal challenge centres on election authority
Democratic officials from 23 states and the District of Columbia challenged the order, arguing that the Constitution gives states and Congress, not the president, the authority to set election rules. They have also argued that the proposed changes could be abused and create confusion.
A federal judge in Massachusetts blocked the order for the plaintiff states, and a divided panel of the 1st US Circuit Court of Appeals allowed that ruling to remain in effect.
The executive order directs US Citizenship and Immigration Services and the Social Security Administration to provide federal citizenship lists to state officials to identify eligible voters. It also instructs the US Postal Service to deliver mail ballots only to people on those lists, requires ballots to be issued in secure envelopes with unique tracking barcodes, and allows federal funding to be withheld from states and local authorities that do not comply.
Solicitor General D. John Sauer argued that the executive order provides "general policy guidance" and does not directly dictate how states conduct elections. Seeking an immediate stay of the lower court's ruling, Sauer wrote, "And the injunction is especially indefensible because the agencies are still deliberating over how (if at all) to implement the Order, yet the district court preemptively decided that whatever the agencies may choose to do will necessarily be unlawful."
He also urged the Supreme Court to act quickly, saying any new policies would need to be implemented as early as August to be effective for the November elections. Responses to the appeal are due by Aug 3.
Mail-in voting remains political flashpoint
Mail-in voting has remained a frequent target of Trump, despite his own use of the voting method. He has repeatedly alleged, without evidence, that it contributed to his 2020 election defeat and increases the risk of fraud.
Speaking at a General Motors facility in Michigan on Monday while urging Congress to pass his voter ID and proof-of-citizenship bill, Trump said, "And hopefully there will be no mail-in ballots," calling them "inherently corrupt."
Federal data shows that about 30% of ballots cast in the 2024 presidential election were submitted by mail. A 2025 Brookings Institution study found only about four cases of fraud for every 10 million mail ballots cast.
Parliament Panel Summons Meta, Google, X And Snapchat To Discuss Social Media RegulationThe Supreme Court previously ruled against the Trump administration in June, holding that states could count mail ballots received after Election Day.
Trump has defended the executive order as a measure to prevent non-US citizens from voting, while continuing to advocate legislation requiring proof of citizenship for voter registration. However, noncitizen voting has been found to be rare and is already a felony punishable by deportation.
US District Court Judge Indira Talwani in Boston blocked implementation of the order for the Nov 3 elections in June, while US District Judge Carl Nichols in Washington had earlier ruled that it was premature to block the order because it had not yet been implemented.
The offices of California Attorney General Rob Bonta, who is leading the lawsuit, and New York Attorney General Letitia James declined to comment on the appeal. The US Postal Service also declined to discuss its plans, citing ongoing litigation, while Kansas Secretary of State Scott Schwab's office said it had not received any communication from the Postal Service regarding the order.