California AG to Challenge Trump Appeal at Supreme Court Over Mail-In Voting Rules

California Attorney General Rob Bonta vowed to defend the state's voting procedures after the Trump administration asked the U.S. Supreme Court to review a federal injunction that blocked key provisions of an executive order affecting mail-in voting. The dispute centers on an order that would have directed federal agencies to compile state-by-state citizenship lists to influence mail-in ballot eligibility.

On July 27, the Department of Justice filed an emergency application with the Supreme Court after a federal district court barred the government from enforcing parts of the March executive order. The injunction prevents the Department of Homeland Security and other agencies from creating or using a federal list of eligible voters as the administration proposed.

What Officials Are Saying

"The Trump Administration does not have authority under the U.S. Constitution to dictate how states administer elections," AG Rob Bonta said on July 26. "This decision ensures key provisions of President Trump's second elections-related Executive Order remain blocked for the upcoming midterm elections in the plaintiff States. We will continue fighting to protect the right to vote and defend the rule of law."

The Department of Justice characterized the district court's injunction as "indefensible," arguing that it preemptively concluded federal actions under the executive order would be unlawful and wrongly prevented agencies from implementing the president's directives.

A spokesperson for Bonta’s office told USA TODAY that the district court and the Court of Appeals properly blocked the contested provisions and that California looks forward to filing a response to the government's application by the Supreme Court deadline set by Justice Jackson. The Supreme Court asked the states challenging the order to file responses by Aug. 3.

Context: Why California Was Targeted

The Trump administration and its allies have repeatedly pointed to California's practice of counting mail ballots on and after Election Day as a justification for federal restrictions. California's large-scale vote-by-mail system can delay final results for days, a fact critics cite when arguing for reforms.

Republican critics, including gubernatorial candidate Steve Hilton, have used those delays to argue the state should tighten voter rolls and impose other changes. Hilton told CNN that California's voter rolls contain what he described as "millions of wrong names," citing registrations of people who moved or changed addresses. He urged reforms to restore public confidence.

State leaders reject those characterizations. Governor Gavin Newsom has defended California’s election laws as protections that expand access to the ballot while safeguarding integrity. After signing SB 73 in May, Newsom said the law protects voters and election workers from intimidation and baseless attacks on the democratic process.

Experts' View And Reform Suggestions

Election experts say California's longer tabulation timeline results from policies intended to maximize participation: universal vote-by-mail, opportunities to "cure" ballots with signature or other issues, and Election Day registration. Experts emphasize the challenge of delivering faster results without weakening voter access.

The nonpartisan California Voter Foundation has proposed practical measures to speed results while preserving broad mail-in access. Key recommendations include:

• Shorter Signature-Fix Deadlines: Reduce the cure window for missing or mismatched signatures from 22 days to 14 days after Election Day to help counties certify results sooner while preserving voter protections.
• More Funding and Technology: Increase state investment in election staff, processing equipment, facilities and upgrades to VoteCal (the statewide voter registration system) to reduce processing bottlenecks.
• Earlier Ballot Returns: Encourage voters to return mail ballots earlier or vote in person, since ballots returned on or after Election Day often require extra processing and verification.
• Clearer Reporting: Improve public reporting on the number and status of outstanding ballots so voters, candidates and media better understand why some races take longer to decide.

As the case moves toward the Supreme Court, the central legal question will be whether the federal government may impose its approach on states' election administration. California and other states argue that the Constitution reserves control of election mechanics to the states, while the administration contends its executive order is within federal authority.

This story originally appeared on USA TODAY: California AG to take on Trump's appeal to Supreme Court voting rules.

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