Ruling Against Trump Administration Sets Election Rules for Mail-In Voting
The U.S. Supreme Court has blocked Trump’s attempt to use the U.S. Postal Service (USPS) to limit voting by mail. The ruling came in response to the Trump Administration’s emergency request to be allowed to implement the new restrictions despite lower courts’ orders putting them on hold.
North Carolina Ballots Already Sent
Multiple states had joined in asking the Supreme Court to reject the Trump Administration’s emergency appeal, due to the chaos that would have ensued from attempting to implement the rules at this late stage of the election. Several states (including North Carolina) had already begun sending out mail-in ballots. In addition, eight states rely primarily or entirely on voting by mail, and they would have had to redesign their systems essentially from scratch with less than 60 days to go before Election Day. “Now, we can finally move forward and get back to what we do best: conducting our elections without a dark cloud hanging over us — fairly, openly, for the people, by the people,” said California Secretary of State Shirley Weber, a Democrat who oversees voting in a state where all voters receive a mail ballot.
Multiple states and voting rights groups also argued that the President has no Constitutional authority to set election rules, a power granted only to the states, and in some cases to Congress. Opponents noted that the USPS rules would “virtually eliminate mail voting on the eve of a major election.”
The Ruling
In an unsigned one-paragraph decision representing a majority of the Court’s members, the Court cited both concerns in rejecting the Trump Administration’s request: “The application for stay presented to JUSTICE JACKSON and by her referred to the Court is denied. The Government is unlikely to succeed on the merits of its challenge to the District Court’s preliminary injunction. And the equitable factors applicable for obtaining emergency relief from this Court do not favor a stay.”
Victory for Voting by Mail
“Today’s decision is a major win for the millions of everyday Americans who count on vote-by-mail — our seniors, service members, busy parents, rural voters, and voters with disabilities. Vote-by-mail is safe, proven, and vital; even the president uses it,” said Virginia Case Solomon, president and CEO of public interest group Common Cause. “This executive order was a blatant power grab designed to silence voters and undermine our elections, but it failed because the people and the law were on our side. Our Constitution is clear: States run our elections, and voters choose their leaders—not the other way around. No administration can strip the people of their power.”
“This decision is a big victory for voters this midterm election season,” said Kristen Clarke, General Counsel for civil rights organization NAACP. “The Supreme Court rightly rejected an effort that would have made it harder for millions of Americans to participate in our elections. Mail voting is safe, secure, and deeply rooted in our nation’s history. The Court’s decision preserves a critical pathway to the ballot box and reaffirms that our democracy works best when every eligible voter can participate.” The NAACP news release further noted that access to voting by mail is particularly important to “elderly Americans, voters with disabilities, rural communities, military families, and working people.”
North Carolina Elections Underway
“In a 7-2 vote, the Supreme Court just agreed with us that the Postal Service’s last-minute changes to mail-in voting were a recipe for chaos,” said NC Attorney General Jeff Jackson. “Ballots in North Carolina have already started going out and coming back. The election is underway. It would have been impossible for the Postal Service to implement a whole new system in time for the election – especially since the new system doesn’t even exist yet. As Justice Kavanaugh put it, ‘state and local officials do not have sufficient time to reasonably implement the rule before the elections.’ We appreciate the Court recognizing the practical reality of the situation. Voting has begun. You don’t change the rules in the middle of the election.”
Our Environmental Protections Depend on Fair Elections
NCLCV supports policies which make voting easier for all citizens, and opposes restrictions which make that more difficult. Only the public’s right to choose their representatives in fair elections ensures accountability by elected officials for their decisions impacting public health, natural resources, and our environment.