The U.S. Justice Department (DOJ) has requested the U.S. Supreme Court to lift a lower court's block on new rules from the U.S. Postal Service (USPS) that restrict mail voting. This request follows a similar appeal made to the 1st Circuit Court of Appeals. The DOJ argues that the Supreme Court should intervene immediately to allow the Postal Service time to implement the rules aimed at preventing potential fraud in mail voting before the November midterms. The DOJ's brief states, "The injunction bars the Postal Service from verifying that mailed envelopes comply with the Rule’s requirements for the upcoming elections, nullifying the Postal Service’s efforts to address the risk that the federal mails will be used to perpetrate voter fraud." Despite this assertion, audits and investigations have revealed very few instances of mail voting fraud in past elections, with nearly one-third of Americans voting by mail in 2024.
District Court Judge Indira Talwani issued the block on the Postal Service's mail voting restrictions on Friday. The Supreme Court's decision on this matter could impact the ability of millions of Americans to vote by mail in November. One unresolved issue is whether the USPS has the necessary time and resources to implement the new rule ahead of the midterms. Under the proposed USPS rule, which aligns with President Donald Trump’s executive order on mail voting, mail ballot envelopes must include specific design changes, such as new logos and barcodes. Additionally, states are required to submit personal information about voters who have requested mail ballots to a federal online portal. States that do not comply with these requirements would not receive mail ballots from USPS.
During a hearing on Thursday, the Trump administration was unable to provide clear answers regarding the completion timeline of the portal. The DOJ indicated in its appeal to the First Circuit that the portal would be operational "by next week," but this timeline was not mentioned in the Supreme Court appeal. Furthermore, the Supreme Court filing did not address a whistleblower report from a USPS employee indicating that the rushed completion of the portal could disenfranchise millions of voters.
The DOJ contends that immediate implementation of the mail voting restrictions is necessary because the district court's injunction prevents the Postal Service from verifying compliance with the rules for states that have voluntarily chosen to comply. The DOJ argues that blocking the rule could lead to confusion later, as some states are already mailing ballots without USPS approval. North Carolina and Alabama are among the states that are proceeding with mail ballots while seeking to comply with the new USPS rule, despite the current block.
The DOJ brief states, "Because the district court’s injunction prohibits the government from verifying compliance with the Rule’s requirements, it will permanently bar the Rule’s operation with respect to any ballots mailed before a stay issues." The brief further notes that the injunction prevents USPS from training employees for the verification process, delaying implementation even after a stay is issued. In contrast, the League of Women Voters of Massachusetts (LWVM), which is challenging the rule, argues that requiring states to change their mail voting processes less than two months before Election Day would create confusion for voters. Many states have already finalized their ballot envelope designs and are in the process of mailing them out. LWVM and other plaintiffs have until September 9 at 4 p.m. EST to respond to the DOJ's request.