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Supreme Court Asked to Clear Trump Order That Would Tighten Mail Voting Rules

Justices will decide whether a presidential directive can impose new nationwide procedures on state-run mail ballots and whether last-minute changes to voting rules should be blocked.

Overview

  • The Trump administration has filed an emergency appeal asking the Supreme Court to lift a federal injunction and allow parts of a March executive order on mail voting to take effect.
  • The order would require states to send voter manifests to the U.S. Postal Service, add serialized tracking barcodes to ballot envelopes, bar USPS from delivering ballots to people not on those lists, and direct DHS to compile citizenship-based eligibility lists.
  • A federal judge in Massachusetts blocked key parts of the order while a separate D.C. Circuit panel recently upheld it, creating a circuit split that prompted the expedited Supreme Court filing.
  • Central legal issues for the justices include whether the Purcell principle bars last-minute changes to election rules, whether the order is ripe for review because it is an internal executive directive, and whether the order unlawfully intrudes on state control of elections.
  • If the Court rules quickly this month the decision will determine whether the order can be enforced before the November midterms and will shape how the Court treats emergency election disputes going forward.