mailin

Sept. 3 (UPI) — The Trump administration is asking the Supreme Court to permit enforcement of its mail-in voting restrictions, arguing it will suffer irreparable harm because two states will begin sending ballots to voters before the block is to expire next week.

Filed Thursday by Solicitor General D. John Sauer, the request for an immediate administrative stay of the district court’s temporary restraining order comes in protracted litigation over a Trump administration rule giving the U.S. Postal Service authority to screen outbound mail-in ballots for compliance with envelope standards and verify recipients have been entered on their state’s USPS Mail-In and Absentee Participation list.

Last week, U.S. District Judge Indira Talwani in Massachusetts sided with the League of Women Voters in Massachusetts, which has been fighting the rule it says is unlawful and violates federalism principles of the Constitution, issuing a 14-day block against enforcing its key provisions while she considers the request to impose a longer, more restrictive preliminary injunction.

In his filing Thursday, Sauer argued that the federal government will be irreparably harmed if the restraining order is not lifted before North Carolina and Alabama send out their mail-in ballots next week, saying a court decision would come too late for those ballots.

“With respect to the November 2026 election, the order thus partially nullifies the Postal Service’s efforts to address the risk that the federal mails will be used to perpetrate voter fraud,” he said.

Sauer continued that despite Talwani’s order allowing the Postal Service and states to take steps to ensure their envelopes meet the rule’s requirements, her block “risks sowing confusion and chaos because it makes those preparatory steps voluntary, rather than mandatory.

“Thus, if the order is eventually stayed and the rule takes effect for this year’s elections — as should occur — there is a grave risk that states may not have taken the necessary steps to comply due to the false sense of latitude created by the court’s improper order, potentially depriving those states’ citizens of the ability to vote by mail,” he said.

Despite using the mail to vote himself, Trump has long been a critic of mail-in ballots, claiming them to be a source of voting fraud, though studies have found no evidence that mail voting produces higher overall rates of voter fraud.

The USPS rule is one of several actions Trump and his administration have taken ahead of November’s midterm elections, which the president has become increasingly focused on as he has warned Republicans that losing the House to Democrats could lead to his impeachment as well as investigations. While the moves generally have widespread Republican support, Democrats and critics say they are efforts to rig the midterms.

The new USPS rule being litigated comes in response to an executive order Trump signed in March to expand federal control over mail-in ballots, including authorizing the USPS not to send them to voters unless certain conditions are met.

Two weeks ago, the high court lifted an injunction blocking Trump’s mail-voting executive order, stating the challenge to the USPS provisions was premature as the agency had yet to issue a final rule. After the final rule was published Aug. 26, two dozen Democratic-led states and the District of Columbia sued, resulting in the two-week block the Trump administration is now contesting.

Aug. 24 (UPI) — The U.S. Supreme Court on Monday ruled that President Donald Trump can begin implementing measures from an executive order intended to restrict mail-in voting in many states and Washington, D.C.

However, legal challenges to that order could still cause issues for that plan before the midterm elections in November.

The ruling Monday means that the Department of Homeland Security can begin moving forward with compiling state-specific lists of people it believes are eligible to vote in the states — all led by Democrats – that had challenged the executive order.

Another part of the executive order required the U.S. Postal Service to require states that want to send ballots through the mail to submit lists of eligible voters with information allowing those ballots to be tracked by the government. A lower court had blocked that policy nationwide in a separate case, meaning that more legal action will be needed before the postal service can continue.

The high court’s ruling did not address the overall legality of the executive order.

“If the Postal Service’s final rule harms the states, theymay challenge that rule,” the ruling said.

The postal service entered an unpublished version of that final rule into the Federal Register late Friday despite the court injunctions against it.

Trump has repeatedly and without evidence claimed that mail-in voting is “inherently corrupt” and full of fraud, although voting experts have criticized the order and say such fraud is exceedingly rare. The president himself has voted by mail as recently as this year, NPR reported.

The high court handed down the ruling in an unsigned order over the dissent of three of its members: Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.

In a dissent, Jackson said the ruling “needlessly injects chaos and uncertainty into the upcoming midterm elections,” CNN reported.

She noted that, in the past, the Supreme Court has turned away challenges to election law because they were too close to elections. “Today’s revelation is that such claims can also come too early — never mind that an election is looming and related harms are presently occurring.”

Aug. 22 (UPI) — The United States Postal Service has prepared a final rule changing how mail voting is administered under an executive order issued by President Donald Trump despite a pair of court injunctions against it, documents show.

An unpublished version of the rule was entered into the Federal Register late on Friday, indicating the USPS intends to press ahead with implementation of a measure the administration says is necessary to prevent fraud in mail-in voting — a popular method of casting ballots that Trump has called “inherently corrupt.”

But critics contend actual fraud in mail-in voting is exceedingly rare and have denounced the measure as one of the most serious attempts by the administration to federalize control of elections in violation of the U.S. Constitution, which reserves such power for the states.

A federal judge 10 days ago expanded an earlier injunction against Trump’s executive order, under which the USPS would be required to decide who will get mail-in ballots.

The injunction blocked it from implementing Section 3 of the order for this year’s midterm elections, which most polls shows will likely favor Democratic congressional candidates.

Despite the court rulings, USPS promulgated the final rule with Friday’s filing, thus making it available to be officially published in the Federal Register on Wednesday. After that it would theoretically take effect immediately, even though it will be blocked for this year’s midterm elections unless a court decides otherwise.

The current filing is an amended version of the initial proposal which received more than 200,000 comments during its review phase.

Trump signed the order on March 31 directing the Department of Homeland Security to build a list of citizens from federal data, which would then be sent to state election officials.

The USPS would then only send absentee or mail-in ballots to people it has determined are eligible to vote, and the U.S. Attorney General would investigate and prosecute election officials who issue federal ballots to those ineligible to vote.

Twenty-three mostly Democratic-led states sued to block the order and U.S. District Judge Indira Talwani agreed with the plaintiffs.

The administration appealed the decision and failed. It appealed again on July 27 to the Supreme Court, which has yet to make a ruling.

“Yesterday’s new mail-in voting rule is an attempt to weaponize USPS as part of the Trump administration’s efforts to take over elections,” Michael McNulty of the bipartisan political reform group Issue One said in a statement issued Saturday.

“If it holds up in court, it would mean postal workers shift from neutral transporters of a state-led process to a federal gatekeeper of states’ outbound mail ballots — requiring states to provide USPS with voter-level ballot information and giving USPS authority to reject ballots that do not meet the new federal requirements.”

He dismissed Trump’s oft-stated concerns about voter fraud as “tired, debunked conspiracy theories to justify gaining control over secure, verified, and effective methods of voting, including mail-in voting, to tilt the playing field” in favor of Republican candidates.