The recent initial approval by the U.S. Supreme Court of President Donald Trump’s restrictions on mail-in voting has cast doubt on the voting method used by a significant portion of the country, although it may not result in any immediate changes for the upcoming November midterms. The high court’s majority indicated in an unsigned order on Monday that they have not made a decision on the constitutionality of Trump’s directive, but stated that the states challenging it did not have the legal standing to do so.
Justice Ketanji Brown Jackson dissented, expressing concerns that the ruling introduces unnecessary chaos and uncertainty into the upcoming midterms. Trump’s executive order, issued in March, directs his administration to compile lists of eligible voters and mandates that the U.S. Postal Service deliver mail-in ballots only to individuals on those lists. While a second injunction preventing the postal service from implementing changes to comply with the order is still in place, the administration has filed a motion to lift this injunction and has introduced new regulations that could take effect soon.
These new regulations include stringent requirements for the formatting of mail ballot envelopes, potentially necessitating significant revisions by some jurisdictions, and the use of an electronic system by states to identify voters who are casting their votes by mail. Failure to adhere to these rules could result in mail ballots not being sent out.
Tammy Patrick, the chief program officer at the Elections Center, which represents thousands of election officials, emphasized the impracticality of states complying with the new rules, noting that no state has attempted to do so due to the unorthodox nature of the requirements. The dismantling of the Federal Election Assistance Commission earlier this year by the Trump administration, a body that supported election officials nationwide and maintained the national mail voter registration form, has added to the challenges posed by these changes.
Jesse Salinas, the registrar of Yolo County in California, and president of the state’s association of election officers, highlighted the imminent ballot distribution in his state and the logistical difficulties in making last-minute alterations to procedures. Trump’s sustained efforts to impose new voting restrictions, including through executive orders and legislative proposals, have faced legal hurdles and pushback from judges and lawmakers. Despite his claims of potential fraud in mail-in voting, there has been no substantial evidence to support widespread irregularities in U.S. elections.