Department of Justice seeks Supreme Court intervention on mail voting rule

The U.S. Department of Justice (DOJ) is petitioning the Supreme Court to allow a Trump administration executive order regarding mail-in voting, despite existing judicial injunctions. The DOJ argues that the United States Postal Service (USPS) final rule, which introduces new requirements for mail ballots, falls within its traditional authority to set mailing standards for sensitive mail.

The new USPS rule would require states to redesign ballot envelopes to include specific barcodes and logos, allowing the federal government to track ballots. States that do not comply could face the rejection of ballots. The DOJ maintains that these requirements are modest and do not violate previous rulings.

Conversely, voting rights groups, including the League of Women Voters, have filed an emergency motion alleging the administration is ‘flouting’ a preliminary injunction issued by U.S. District Judge Indira Talwani. The groups argue that the rushed implementation of these requirements—just two months before the midterm elections—will cause widespread confusion, disrupt election administration, and undermine voter confidence. Judge Talwani previously noted that the order threatened to increase chaos and erode trust in democracy.