Trump Administration Appeals Supreme Court Over Mail-Ballot Rule

President Donald Trump issued an executive order requiring the United States Postal Service (USPS) to enforce a uniform envelope design for mail-in ballots and to use an online portal for states to upload voter lists. The rule would let the USPS refuse delivery of ballots that do not match the portal data. Voting-rights groups argue the president lacks authority to set election rules, a power reserved for states and, in some cases, Congress. The administration calls the changes “commonsense” and within its regulatory authority.

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• June – Judge Indira Talwani issued a 14-day restraining order blocking the rule.

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• Late July – The Supreme Court allowed the plan to proceed without ruling on its legality.

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• Early August – The USPS published regulations, prompting renewed lawsuits.

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• Thursday – The administration filed an appeal seeking an immediate stay of the district court’s injunction.

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• Friday – North Carolina began mailing ballots, the first statewide rollout.

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• September 9 (scheduled) – Alabama is slated to start mailing ballots under the existing injunction.

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• Week of September 13 (scheduled) – At least five additional states are expected to begin mailing ballots while the injunction remains in place.

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• Nearly one-third of U.S. voters cast mail ballots, according to the administration’s filing.

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• Solicitor General John Sauer argued the injunction creates “confusion and chaos” because it makes preparatory steps voluntary rather than mandatory, and urged the Court to grant an immediate administrative stay followed by a full stay.

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• DOJ attorney Michael Velchik said the key issue is whether the rule is authorized by statute, emphasizing the need for a clear statutory basis.

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• The administration maintains the rule does not affect voter eligibility, voter rolls, or ballot counting, which remain under state control.

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• Judge Talwani questioned USPS readiness, stating she had “nothing” from the service to confirm how the program would operate and describing the effort as an “experiment.” She warned the approach could disenfranchise voters.

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• Missouri Solicitor General Lou Capozzi denied a disenfranchisement risk, calling the judge’s concern misinformation.

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• The online portal required for states to upload voter lists was reported as inactive during the hearing, yet the administration says the USPS will “fully implement the rule.”

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• No state has formally opted into the system, despite 12 states being named in the lawsuit supporting the administration.

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• A whistleblower report warned that the rule’s barcode-error policy could cause entire batches of legitimate ballots to be discarded; the administration has not addressed this allegation.

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• “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 September 13,” — Solicitor General John Sauer

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• “I don’t even have a declaration from the Postal Service: ‘This is how it will work.’ I don’t have it. I have nothing,” — Judge Indira Talwani

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The Supreme Court has been asked to issue an immediate stay of the district court’s injunction and to consider a full stay pending further review. The Court’s decision will determine whether the USPS can enforce the envelope and portal requirements before the November midterm elections.

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