WASHINGTON (AP) — A new development in the ongoing debate over mail-in voting emerged as the Trump administration sought intervention from the Supreme Court on Monday. The administration aims to implement an executive order by President Donald Trump that could significantly alter mail-in voting procedures ahead of the upcoming midterm elections.
The Department of Justice has petitioned the Supreme Court to temporarily halt lower court decisions that have obstructed the proposed changes, which would affect nearly half of the United States. This request was made shortly after Trump delivered a primetime address where he reiterated his skepticism about election legitimacy. The case is one of several election-related disputes that may reach the Supreme Court before the critical midterm elections.
The executive order, issued in March, mandates the creation of a “state citizenship list” to ensure mail ballots are only sent to individuals on this list. Democratic officials from 23 states and the District of Columbia have filed a lawsuit, arguing that the Constitution delegates the authority to set election rules to states and Congress, not the president. They assert that Trump’s proposed changes could lead to misuse and confusion.
A Massachusetts judge ruled in favor of the plaintiff states, blocking the executive order. This decision was upheld by a divided panel of the 1st U.S. Circuit Court of Appeals over the weekend.
The order instructs U.S. Citizenship and Immigration Services and the Social Security Administration to provide state officials with federal citizenship lists to determine voter eligibility. The U.S. Postal Service is directed to deliver mail ballots only to those on these lists. Additionally, the order demands the use of secure envelopes with unique barcodes for tracking and threatens to withhold federal funding from non-compliant states and localities.
The appeal claims that Trump’s order provides “general policy guidance” and does not explicitly dictate state election management. Solicitor General D. John Sauer has requested the Supreme Court to suspend the judge’s ruling while the lawsuits are ongoing, deeming it “indefensible.” Sauer emphasized the urgency, stating that new policies must be established by August to be effective for the November elections. A response to the appeal is expected by August 3.
Mail-in voting has been a frequent target for Trump, despite his own use of the method. He has blamed it for his loss to Democrat Joe Biden in 2020, alleging it facilitates fraud without evidence. During an appearance at a General Motors facility in Michigan, Trump reiterated his opposition to mail-in ballots, describing them as “inherently corrupt.”
Mail-in voting has gained popularity across party lines, with approximately 30% of voters utilizing this method during the 2024 presidential election, according to federal data. The process is considered secure, with a 2025 Brookings Institution study reporting only about four cases of fraud out of every 10 million mail ballots cast.
The Supreme Court has previously ruled against the Trump administration on mail-in ballots, allowing states to count ballots received after Election Day. Trump has promoted his executive order as a measure to prevent non-U.S. citizens from voting and has consistently advocated for legislation requiring proof of citizenship to vote. However, instances of noncitizen voting are rare and constitute a felony punishable by deportation.
U.S. District Court Judge Indira Talwani in Boston, appointed by Democratic President Barack Obama, agreed in June to block the order’s implementation for the November 3 elections. In contrast, U.S. District Judge Carl Nichols in Washington, a Trump appointee, ruled in May that it was premature to block the order as it had not been executed yet.
The offices of California Attorney General Rob Bonta, leading the lawsuit, and New York Attorney General Letitia James have not commented on the appeal. The Postal Service has also refrained from discussing its plans regarding the order, citing ongoing litigation. In Kansas, Secretary of State Scott Schwab’s office has not been informed by the Postal Service about future plans.
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Associated Press writer John Hanna in Topeka, Kansas, contributed to this story.
