Washington, D.C. — The Supreme Court on Monday rejected the Trump administration’s emergency request to enforce new U.S. Postal Service restrictions on mail ballots before the Nov. 3 midterm elections, leaving existing state voting procedures in place.
The disputed rule would require election officials to use Postal Service-approved ballot envelopes and upload information about eligible voters to a federal portal. U.S. District Judge Indira Talwani previously blocked the requirements for elections through Nov. 3, finding serious legal and logistical problems with implementing them so close to Election Day.
In an unsigned order, the Supreme Court said the government was unlikely to succeed in challenging Talwani’s preliminary injunction and had not met the requirements for emergency relief. Justices Clarence Thomas and Samuel Alito dissented.
Justice Brett Kavanaugh separately wrote that the Postal Service rule may ultimately fall within the agency’s legal authority, but said imposing it now would be “arbitrary and capricious” because state and local officials lacked sufficient time to implement the changes.
The decision does not permanently invalidate the Postal Service rule. The underlying litigation will continue, meaning courts could still determine whether the federal government has authority to impose similar requirements in future elections.
For November, however, states can continue operating their existing mail-voting systems without complying with the new federal requirements.
Sources
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