States Ask Supreme Court To Block Trump Administration Changes To Mail-In Ballot Rules

With fewer than 90 days until the midterm elections, state election officials have asked the U.S. Supreme Court to halt parts of a Trump administration plan that would give federal agencies new authority over mail-in voting and alter how the U.S. Postal Service postmarks mail. Officials say the moves, if implemented close to the election, would create administrative confusion and risk disenfranchising voters.

What Officials Are Seeking

State plaintiffs and a bipartisan coalition of more than 100 election administrators urged the high court to block two elements of an executive order: an instruction to the Department of Homeland Security to compile lists of confirmed U.S. citizens for states to consult, and a directive to the Postal Service to limit ballot delivery to names on state-approved mail-in lists. Lower courts enjoined the order, and the administration filed an emergency appeal to the Supreme Court on July 27.

Concerns About Postmarks And Timing

Earlier this year, the Postal Service changed how it records postmarks, moving to use the date an item is first processed by an automated sorting machine rather than the date it was deposited in a mailbox. Election officials say that change means a ballot placed in a mailbox may not receive a same-day postmark—and in more than a dozen states, a timely postmark can determine whether a ballot is counted.

Election administrators warn that implementing new voter-list and postmark procedures within weeks of a national election would leave insufficient time to test systems, train staff and educate voters. In a July 5 amicus brief, more than 100 election officials said allowing the rules to take effect fewer than 100 days before the midterms would produce "chaos." The coalition emphasized that states have spent months preparing voter outreach and logistics for the election timeline already in place.

Advice To Voters

To reduce risks, many states are urging voters to return ballots earlier than Election Day or use locally controlled ballot drop boxes rather than relying on outgoing mail. Local officials say drop boxes avoid potential postal delays and remain under local control.

"If you're going to vote by mail on Election Day, make sure you drop it off at a polling location or a secure drop box, not in an outgoing mailbox," Nevada Secretary of State Cisco Aguilar told USA TODAY.

What Happens Next

The Supreme Court could rule at any time on the administration's emergency request. The Justice Department has argued that lower courts acted prematurely because the Postal Service had not finalized implementing rules. The administration says the changes are part of broader efforts to secure and standardize aspects of voting administration.

Regardless of the court's decision, states continue public education campaigns—using social media, local news, radio and mailers—to remind voters of deadlines and return options well ahead of Election Day.

Sarah D. Wire covers national politics for USA TODAY and can be reached at [email protected].

A postman wearing snow shoes in the Rocky Mountains circa 1870.(Hulton Archive, Getty Images)

Horse-drawn mail wagons circa 1909.(Topical Press Agency, Getty Images)

The new auto truck put into service by the United States Mail for the delivery of Parcel Post circa 1910.(Paul Thompson, Getty Images)

Around 1911, the Flying Merkel—a bright orange, American-built motorcycle produced by the Miami Cycle & Manufacturing Co.—was briefly pressed into service by the U.S. Post Office Department as officials experimented with faster mail delivery methods. Period photographs show Postal Service carriers using belt‑driven, V‑twin Flying Merkels for urban and rural routes, especially when roads were too rough or distances too long for horses and bicycles. The bikes’ speed, durability, and ability to carry mail bags made them well‑suited to early 20th‑century delivery trials, helping demonstrate the practicality of motorcycles for government service and paving the way for wider mechanized mail transport in the years that followed.(Library of Congress)

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Michael Miller has been delivering the same rural USPS mail route in Gallia County, for the past 30 years, Tuesday, August 11, 2020. Some of his route consists of dirt and gravel roads for over a mile jut to deliver to two houses. Mail carriers are in many ways a lifeline to their rural communities. They don't just deliver letters and magazines, but also lifesaving medicines and packages from Amazon and FedEx that wouldn't otherwise make it.(Courtney Hergesheimer, Columbus Dispatch via USA TODAY NETWORK)

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