Supreme Court Stays Injunctions on Trump Mail Ballot Order

States face abrupt new requirements for sending mail ballots just weeks before the November midterms after the Supreme Court stayed two district court injunctions blocking a Trump administration rule. The unsigned August 24 order does not decide whether the rule is lawful or constitutional. It holds only that challenges filed before any ballots were rejected were premature.

The rule, published by the Postal Service on August 22, requires states to submit voter names, addresses, and unique barcodes through a federal portal for any mail ballot carried by USPS. Envelopes must carry matching barcodes. Noncompliant ballots can be excluded from the mailstream. The Postal Service states it will not create its own voter lists or refuse ballots absent from state submissions, and it will not verify citizenship or eligibility. North Carolina begins mailing overseas ballots on September 4.

Justice Ketanji Brown Jackson dissented, writing that the decision "needlessly injects chaos and uncertainty into the upcoming midterm elections." Election officials in California, Nevada, and elsewhere said the deadlines make compliance impossible without redesigning envelopes already printed and building new data systems. Administration officials argued the prior injunctions blocked any opportunity to test the procedures.

The underlying executive order, signed in March, directed federal agencies to compile citizenship data and limit mail ballots to verified eligible voters. The SAVE America Act, which would have imposed broader identification rules, remains stalled in the Senate. Lower courts had blocked earlier versions of the policy on timing and standing grounds. Opponents plan new filings now that the final Postal Service rule exists.

Data from the Election Assistance Commission show 29 percent of 2024 voters used mail ballots, with higher rates among Democrats. The Constitution assigns primary control over election procedures to states and Congress. Legal observers note that any further rulings will occur close to or after some states begin mailing ballots.