Trump Asks Justices Again to Curb Mail Voting

Trump Asks Justices Again to Curb Mail Voting

Donald Trump, the 45th president, standing at a podium with one hand raised mid-gesture
Trump returns to the Supreme Court seeking to curb mail-ballot voting rules ahead of Election Day.Illustration: The Frank

The News

The Trump administration asked the Supreme Court on Sunday to let the Postal Service enforce new mail-ballot restrictions, two days after a federal judge blocked the rule through the November midterms.

U.S. District Judge Indira Talwani extended her order against the Postal Service on Friday, carrying the block all the way through Election Day, Nov. 3 — 60 days out, and with ballots already in the mail in North Carolina.

It is the third time the administration has asked the high court to step in. The justices have allowed the plan to move forward before but have never ruled on whether it is legal, according to the Associated Press.

What the Rule Does

The rule would let the Postal Service compare mail-in ballots against the federal government's list of eligible voters. The administration's filing says eligibility will still be governed by state law and that "the Postal Service will not play any role in determining voter eligibility, maintaining voter rolls, or counting ballots."

Timeline

Sept. 3, 2026

The Justice Department asks the Supreme Court to allow the Postal Service to enforce its new mail-ballot rule, NOTUS reported.

Sept. 4, 2026

Judge Talwani replaces her earlier temporary restraining order with one running through Election Day, writing that immediate implementation "threatens disenfranchisement of millions of United States citizens who seek to vote by mail." North Carolina begins mailing ballots the same day.

Sept. 6, 2026

Solicitor General John Sauer files the administration's renewed appeal, asking for an immediate administrative stay followed by a full stay pending review.

Sept. 9, 2026

Alabama is due to begin mailing ballots, per the administration's filing, with at least five more states starting the week of Sept. 13.

Nov. 3, 2026

Election Day. Control of Congress is on the ballot.

Reactions

Sauer argued the clock is the whole problem. "Ballots have already begun to be mailed in North Carolina, and more States will begin the mailing process as the injunction remains in place," he wrote. "Once those ballot envelopes enter the mailstream, there is no retrieving them." He said each day the injunction stands "risks sowing confusion and chaos" because it makes compliance voluntary rather than mandatory.

Talwani found the opposite. "The court concludes that disenfranchisement for Plaintiff Organizations' members, regardless of residence, is practically inevitable," she wrote, adding that the record contained "no evidence relating to fraudulent mail voting to support the rushed implementation."

Democratic states and voting rights groups say the changes are unconstitutional; election officials say there isn't enough time to rebuild their systems to comply, the AP reported. The administration has framed the restrictions as commonsense changes within its power to regulate the mail.

The right is not united behind the approach either. A Washington Examiner op-ed called the earlier procedural stay at the Supreme Court a "false win" and argued real election integrity requires Congress to pass the SAVE America Act.

HuffPost reported that postal union leaders warn the screening system Trump ordered could drag postal workers into partisan politics and even lead to harassment.

What's Next

The justices now hold the question. The New York Times reported the filing puts the legality of Trump's mail-voting push squarely before the court even as states begin sending out ballots — likely the final legal showdown before the midterms.

Talwani's order does not stop states from complying with the administration's guidance voluntarily, consistent with their own laws. NOTUS reported the Postal Service's portal for absentee voters' information was not yet operational as of Friday, with the agency planning to switch it on "sometime next week."

The Washington Post reported Sunday that Trump is running out of time in his push to limit mail voting, with the fights in Wisconsin and North Carolina the ones to watch as ballots go out.

More

Nearly one-third of American voters cast mail ballots, the AP reported — which is why a rule change eight weeks before the midterms carries so much weight.

The New York Times reported that the legal whiplash has left voters baffled and local officials scrambling, with registrars pulling out Election Day contingency plans and officials from Oregon to Florida simultaneously reassuring voters their ballots are safe while nudging them toward drop boxes or in-person voting.

Trump has long sought to limit mail voting even though he often votes that way himself, and has falsely blamed mail balloting for his 2020 loss to Joe Biden, according to the AP.

Poll

Should the Supreme Court let the Postal Service enforce the new mail-ballot rule before November?

Yes — enforce it now
0.0%
No — it's too close to the election
0.0%
No — the rule is unlawful, period
0.0%
Not sure
0.0%

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