Trump administration asks Supreme Court to reinstate mail-in ballot rules

The Trump administration has made a third appeal to the US Supreme Court seeking to revive new rules governing mail-in ballots for the November midterm elections.

The application, filed Sunday, targets a preliminary injunction issued Friday by US District Judge Indira Talwani in Massachusetts. Talwani, an appointee of former President Barack Obama, blocked enforcement of a US Postal Service rule requiring states to use standardized envelope designs, unique barcodes and an online database to verify ballot mailings.

The Justice Department argues the rule is a lawful regulation of the federal mail system, not an overreach into state-run elections. "While the States have primary authority to regulate the manner of elections, they cannot choose to use the federal mails to carry out their elections but then insist that their election-related mail is somehow exempt from the Postal Service's rulemaking authority," the application states.

The final US Postal Service rule, issued Aug. 21, requires ballot envelopes to include official "Election Mail" logos, automation-compatible designs and tracking barcodes. State election officials must upload voter names, addresses and barcodes into a US Postal Service online database. Non-compliant mailings would be returned to local election offices.

The rule does not govern voter eligibility, ballot counting, or voting deadlines, which remain under state control.

Talwani ruled that the US Postal Service overstepped its statutory authority by attempting to regulate the "time, place, and manner" of elections. Under the Elections Clause of the US Constitution, those powers are reserved for individual states and Congress, not the executive branch.

The judge warned that forcing states to redesign envelopes and upload voter data to an unproven digital portal weeks before the Nov. 3 election would cause "inevitable" disenfranchisement. The court said many small rural jurisdictions lack the technology to print required barcodes, and the digital portal is not yet operational.

The government asserts the District Court's injunction halts a crucial security measure just as voting is beginning. Mail-in voting has already begun in North Carolina, with other states to soon follow. The administration said it is likely to suffer "irreparable harm" without a stay because reversing the District Court’s judgment against implementation of the final rule “would come too late for the 2026 midterms.”

Justice Ketanji Brown Jackson has ordered the respondents to file their response by Wednesday at 4.00 pm in the new appeal.