The US Postal Service has unveiled new requirements for mail ballots less than two weeks before some states begin sending them, and in time for the conservative majority of the Supreme Court to clear the way for President Donald Trump’s executive order limiting the method to be used in November’s elections.
The provisions are still subject to additional legal challenges and may not go into effect in time to meet the tight deadline to change procedures for the midterm elections. They would forbid the Postal Service from sending mail ballots from any state that does not comply with Trump’s order and would require an overhaul of the envelopes containing the ballots.
The Legal Landscape
Despite the high court’s initial clearance of the order, it did not decide on the constitutionality of the new regulation — only on whether the challenge was premature when Democratic-controlled states persuaded a federal judge in Boston to suspend them in June.
A second ruling from the same judge would prevent the Postal Service from implementing any procedural changes before this year’s midterms and would likely need to be nullified, as well.
The Tight Deadline
Time is running out for the administration to make any changes in the nation’s voting procedures. The first mail ballots are required to be sent to military and overseas voters from North Carolina on Sept. 4. At that point, it would be virtually impossible for all states to alter the formatting of their mail ballots to comply with Trump’s directive.
The Postal Service rule also requires states to submit voter lists in order to get their mail ballots delivered.
The Constitutional Question
Lawyers from Democratic-run states and civil rights groups who sued to block the order argued that Trump doesn’t have the authority to change election regulations in states. The US Constitution vests that power in the states or Congress, which has been unable to pass Trump’s desired election changes.
The Trump administration appealed to the Supreme Court last month to let it move forward with the executive order, which calls for the federal government to compile a list of eligible voters and send mail ballots only to those on the list.
The Bottom Line
The US Postal Service has issued new rules for mail ballots amid Trump’s executive order limiting mail-in voting. States face tight deadlines to comply, with the first mail ballots set to go out Sept. 4. Legal challenges continue, with Democratic-led states arguing Trump lacks authority to change election regulations. The Supreme Court has not yet ruled on the constitutionality of the order.
