The Trump administration has asked the Supreme Court to allow an executive order that would significantly alter mail-in voting procedures ahead of the November midterm elections. The Justice Department filed the request on Monday, seeking to suspend lower court rulings blocking the implementation of the order in nearly half of the United States.
The executive order, issued in March by President Donald Trump, directs the federal government to compile a “state citizenship list” of eligible voters and restrict the delivery of mail ballots exclusively to individuals on that list. It also mandates that mail ballots include secure envelopes with unique barcodes for tracking purposes. Federal funding could be withheld from states and localities that fail to comply.
Democratic officials from 23 states and the District of Columbia have challenged the order, arguing that the Constitution grants states and Congress—not the president—the authority to regulate elections. They contend that the proposed changes risk voter suppression and could create confusion during the electoral process.
After a Massachusetts federal judge blocked the order for the plaintiff states in June, a divided panel of the 1st U.S. Circuit Court of Appeals upheld that injunction over the weekend. The Massachusetts judge, Indira Talwani, appointed by former President Barack Obama, ruled the order could not be implemented for the upcoming elections, while another federal judge in Washington, D.C., Carl Nichols, appointed by Trump, previously found it premature to block the order since it had not yet been enacted.
In its appeal to the Supreme Court, the Justice Department argued the order represents broad policy guidance rather than a direct imposition on state election procedures. Solicitor General D. John Sauer asked the justices to stay the injunction while related litigation continues, describing the lower court’s decision as “indefensible.” He emphasized that any new voting policies would need to be finalized by August to affect the November elections.
The administration has framed the changes as measures to prevent noncitizens from fraudulently voting, although studies indicate noncitizen voting is exceedingly rare and penalized by law, sometimes with deportation.
Responses to the administration’s appeal have been limited. The offices of California Attorney General Rob Bonta and New York Attorney General Letitia James, both involved in the lawsuits, declined immediate comment. The U.S. Postal Service, which would play a key role in implementing the order, has not disclosed its plans, citing ongoing litigation. Kansas Secretary of State Scott Schwab said his office has not yet been contacted by the Postal Service regarding the order’s enforcement.
A reply to the Justice Department’s appeal is due by Aug. 3 as the Supreme Court considers whether to intervene before the midterms.