Trump Administration Appeals to Supreme Court on Mail Voting Regulations

BOSTON (AP) — The Trump administration on Thursday requested that the Supreme Court reject a federal judge's order that prevents it from implementing a new rule regarding mail ballots. This request came after the administration was unable to confirm whether the computer system necessary for managing the project was operational. The appeal was filed just before mail ballots were set to be sent out by North Carolina, which is among the first states to begin mailing ballots for the upcoming midterm elections. The appeal is part of a series of last-minute legal actions as the federal government seeks to enforce President Donald Trump's restrictions on mail ballots ahead of the November elections, while legal disputes over Trump's executive order continue in lower courts. The Supreme Court's conservative majority has previously allowed the president's plan to proceed, but they have not yet ruled on its legality. Under Trump's executive order, the U.S. Postal Service could refuse to deliver ballots from states that do not adhere to a uniform envelope style and are required to submit lists of eligible voters to an online portal, which was reportedly still inactive as of Thursday. During a hearing in Boston, U.S. District Court Judge Indira Talwani questioned Department of Justice attorney Michael Velchik about the Postal Service's ability to implement Trump's plan. Talwani expressed concerns about the lack of clarity regarding the government's readiness to execute the program. Velchik maintained that the Postal Service would fully implement the rule published last month, raising questions about the legal authority of the judge to halt the process. Talwani is deliberating whether to extend her temporary order that bars the Postal Service from enforcing the new system until September 10. North Carolina is set to begin mailing ballots on Friday, with other states following suit. Talwani previously prohibited the administration from implementing Trump's executive order for the November election, citing the timing of the changes. The Supreme Court ruled that her order was premature because the Postal Service had not published regulations governing the application of Trump's order. This led to renewed lawsuits from Democrats and voting rights groups, who argue that the president lacks the authority to dictate election rules, which are constitutionally designated to the states and Congress. The administration's lawyers have already appealed Talwani's 14-day restraining order to the 1st Circuit Court of Appeals and added the Supreme Court appeal, urging swift action. Justice Ketanji Brown Jackson, responsible for appeals from the region, set a September 8 deadline for plaintiffs to submit their arguments, likely delaying any decision until the following week. Trump has consistently opposed mail voting, attributing his 2020 election loss to its use, despite utilizing mail ballots himself. Election officials have indicated that compliance with the Postal Service's directives may necessitate significant operational changes. Some ballots have already been distributed, with municipalities in Wisconsin sending mail ballots earlier this week, but North Carolina's distribution marks the official start of mail voting. The administration asserts that the changes are minor and lawful. Velchik stated that while states have primary authority over election regulation, they cannot exempt their election-related mail from the Postal Service's regulatory authority. The hearing highlighted practical challenges, particularly the inactive online portal, while most election offices have already prepared their ballots and envelopes. Velchik noted that the federal government offers states the option to participate in the system, but no state has publicly opted in. Talwani expressed skepticism about the implications for voters, while Missouri Solicitor General Lou Capozzi denied any risk of disenfranchisement. A recent whistleblower report indicated that the Postal Service's requirements could result in millions of mail ballots not being sent, as any error in a batch could lead to its rejection, even if it contained valid ballots.