Trump asks Supreme Court to revive mail-in ballot order before midterm

Trump asks Supreme Court to revive mail-in ballot order before midterm elections

President Donald Trump has asked the U.S. Supreme Court to reinstate key parts of his election integrity order ahead of this autumn's midterm elections after lower courts blocked the administration from implementing sweeping changes to mail-in voting.

The emergency appeal marks the latest legal battle over election rules as Republicans and Democrats prepare for a closely fought contest that will determine control of Congress.

White House seeks tighter mail ballot rules

The administration wants the Supreme Court to allow federal agencies to move forward with measures aimed at tightening oversight of absentee voting.

Among the proposals are the creation of a federal list of eligible voters and restrictions preventing the U.S. Postal Service from delivering mail-in ballots to anyone not included on approved state voter lists.

The order also directs the Department of Homeland Security to help states verify voter eligibility by compiling lists of confirmed U.S. citizens.

In addition, the Justice Department has been instructed to prioritise investigations into election officials who issue federal ballots to people deemed ineligible to vote.

Lower courts blocked the order

The appeal follows rulings by federal courts that halted major sections of Trump's executive order.

In June, a federal judge in Boston ruled that several provisions were likely unconstitutional and barred their enforcement in the 23 states challenging the measures.

The following month, the 1st U.S. Circuit Court of Appeals upheld that decision, warning the changes could create confusion for election officials and potentially disenfranchise eligible voters if introduced before the November elections.

The appeals court also questioned what it described as an unprecedented expansion of federal involvement in elections traditionally administered by individual states.

Administration says challenge is premature

Justice Department lawyers argue the lower courts acted too soon because federal agencies have not yet decided exactly how the executive order will be implemented.

In its filing, the administration said the courts had wrongly assumed any future action taken under the order would be unlawful before detailed policies had even been developed.

The Supreme Court has ordered the states challenging the measures to file their response by August 3.

Political battle over voting rules

The case comes as voting by mail remains a major political issue in the United States.

Although absentee voting has declined since its record levels during the COVID-19 pandemic, nearly 30 per cent of voters still cast their ballots by mail in the 2024 election.

Democrats have generally made greater use of mail-in voting than Republicans.

Trump has repeatedly argued that absentee voting is vulnerable to fraud, despite continuing to vote by mail himself. He has also maintained his disputed claim that widespread voter fraud affected the 2020 presidential election.

High stakes before midterms

Control of both the House of Representatives and the Senate will be at stake in this year's midterm elections.

Democrats need to gain only a small number of seats to reclaim control of Congress, making election procedures a critical issue for both parties.

Senate Minority Leader Chuck Schumer accused the administration of attempting to suppress voting through the executive order and urged the Supreme Court to reject what he called a federal power grab.

The legal dispute is one of several election-related cases involving the Trump administration. Courts have previously blocked separate efforts to require documentary proof of citizenship for voter registration, while the Supreme Court has also declined to stop states from counting mail ballots postmarked by Election Day but received shortly afterwards.

The court's decision on Trump's latest request could have significant implications for how millions of Americans cast their ballots in the 2026 midterm elections.

SOURCE