The Supreme Court on Monday issued a 6-3 order allowing the Trump administration to implement parts of an executive order that changes rules for mail-in voting. The ruling grants emergency relief requested by the Justice Department, lifting a lower court's injunction that had previously blocked the administration from enacting these directives in 23 Democratic-led states and the District of Columbia. The decision clears the way for federal agencies to begin developing new procedures and eligibility lists ahead of the upcoming midterm elections.
The executive order directs the Department of Homeland Security (DHS) and the Social Security Administration to compile lists of residents in each state who are eligible to vote. It also requires the U.S. Postal Service (USPS) to develop new procedures for handling mail ballots, which include adding barcodes to ballots and using the administration's compiled voter lists to determine eligibility. While the Postal Service published new certification requirements on August 21, these changes could not be enforced until the federal court injunction was lifted.
The legal challenge was led by 23 states and several voting-rights groups. U.S. District Judge Indira Talwani had previously ruled that the Constitution does not grant the president the authority to order changes to state administration of federal elections. In its unsigned decision, the Supreme Court stated that the lower court lacked jurisdiction because the executive order itself did not harm the states at this stage. However, the high court noted that its ruling does not preclude future lawsuits challenging specific policies once they are finalized and put into place.
For the individual voter, the implementation of this order could mean changes in how they receive or return their ballots. The requirement for the U.S. Postal Service to use federal lists and ballot barcodes may alter the verification process at the local level. Election officials from both parties, along with a group of 53 judges, have stated that these new requirements could cause confusion among voters and strain the resources of the offices tasked with running the elections. Voters in some states may notice these shifts as soon as the coming weeks, when mail ballots are scheduled to be sent out for the midterms.
The ruling sets a precedent for federal involvement in election administration through executive action. While the Supreme Court stated that "time will tell" if the specific measures taken to implement the order are lawful, the immediate effect is to allow the administration to move forward with its data-gathering and procedural changes. What happens next depends on how quickly federal agencies finalize their new rules and whether the 23 states and voting-rights groups file new lawsuits to challenge those specific policies as they are enacted. The timing is critical, as registration and ballot deadlines for the fall elections are fast approaching.