Trump Administration Again Asks Supreme Court To Allow Mail Ballot Restrictions

The Trump administration has again asked the US Supreme Court to allow new restrictions on mail-in ballots ahead of the November 3 midterm elections, escalating a legal battle that could affect voting procedures across the country.

The Justice Department filed its third emergency appeal with the Supreme Court on Sunday, shortly after US District Judge Indira Talwani extended an injunction blocking the US Postal Service (USPS) from enforcing key provisions of President Donald Trump's executive order and a subsequent postal rule.

The administration is seeking an immediate stay of Talwani's order, arguing that the continued injunction is creating uncertainty as states begin mailing ballots. North Carolina has already started sending out mail ballots, while Alabama is scheduled to begin on September 9 and at least five other states are expected to start mailing ballots during the week of September 13.

Solicitor General John Sauer warned that once ballot envelopes enter the postal system, they cannot be retrieved, and argued that keeping the injunction in place could create "confusion and chaos" because compliance with the new requirements remains voluntary.

The disputed USPS rule, issued after Trump's March executive order, requires states using mail ballots for federal elections to provide voter information through a USPS portal and use individualised barcodes and specified envelope standards. USPS would have the authority to reject or not deliver ballots that fail to meet the requirements.

State and local election officials, Democratic-led states and voting rights organisations oppose the changes. They argue the administration is intruding on powers constitutionally assigned to states and that election offices have insufficient time to redesign ballots and systems before the midterms. Some officials have said ballot envelopes have already been printed and ordered.

The administration says the restrictions are lawful measures designed to strengthen election security and regulate the postal system. The Supreme Court has previously allowed parts of the administration's broader election plans to proceed temporarily, but has not issued a final ruling on the legality of the mail-ballot restrictions.

Justice Ketanji Brown Jackson has set a deadline for opponents to respond to the latest emergency application, meaning the Supreme Court could soon decide whether the restrictions take effect while the underlying legal challenge continues.

The dispute carries major political implications because nearly one-third of US voters cast ballots by mail, making the rules potentially significant in an election where control of Congress is at stake. Trump has repeatedly criticised mail voting and falsely linked it to fraud in the 2020 election, despite continuing to use mail voting himself.