This week, the Supreme Court rejected the Trump administration’s plans to impose new rules for mail-in voting for the midterm elections in November.
In a March executive order, President Donald Trump had instructed the U.S. Postal Service to create rules for election officials sending mail-in ballots to voters. If a state didn’t comply with the new rules, the Postal Service wouldn’t deliver the ballots to voters. State officials said it would have been impossible to comply in time, and two federal judges blocked the rule for the November elections. Lawyers for the Trump administration asked the Supreme Court to intervene.
In a brief, unsigned order on Monday, the court’s majority denied the administration’s request, writing that the “Government is unlikely to succeed on the merits of its challenge.” Justice Samuel Alito wrote an eight-page dissent, joined by Justice Clarence Thomas, saying he would have allowed the rules to go into effect. The court has not yet decided whether the rules can move forward after the November election.
Trump criticized the Supreme Court’s order in a Truth Social post on Tuesday, calling it “a big loss for Republicans, and America itself.”
The result of the Supreme Court order is that nothing has changed for states.
“State and local election administrators all across the country will continue to do what they always do, which is run safe, secure and transparent elections,” said Barbara Smith Warner, a senior adviser for the Institute for Responsive Government, a think tank working on election issues. “Everyone can and should be sure that they can vote in this election.”
We’ve been reporting for months on the Trump administration’s efforts to issue new regulations on mail-in voting, gather state voter data and investigate voter eligibility ahead of the November elections. We spoke with experts on mail-in voting to answer practical questions about voting by mail.
Why is Trump trying to restrict mail-in voting?
Mail-in voting has become more common over the decades. Roughly a third of Americans cast their ballots through the mail nowadays, according to the Brookings Institute. Trump himself voted by mail twice this year. But mail-in voting varies dramatically from state to state. While more than 95% of voters cast their ballots by mail in Oregon and Washington state, which have all-mail elections, less than 3% of voters vote by mail in West Virginia and Tennessee.
Trump has attacked mail-in voting for years, calling it “cheating” and “corrupt.” And as Trump has tried to exert more federal control over elections, he’s also sought to impose new restrictions on mail-in voting and voter eligibility. The president has claimed, without evidence, that voting by noncitizens is rampant. He’s pushed Congress to create stricter voter identification requirements, and with legislation stalled on Capitol Hill, he set out to regulate mail-in voting through an executive order.
White House spokesperson Olivia Wales said in a statement that the president wants “commonsense exceptions” for Americans to vote by mail because of an illness, a disability, travel or service in the military. And she said Trump’s use of mail-in ballots to participate in Florida elections while living in the White House “is a nonstory.” But “universal mail-in voting should not be allowed because it’s highly susceptible to fraud,” she added.
Studies have consistently found voter fraud is exceedingly rare.
What did the USPS rule say?
Trump’s order instructed the Postal Service to set criteria for mail-in ballots. The USPS finalized the rule in August. If it went into effect, the Postal Service wouldn’t mail ballots for states that failed to comply.
The USPS rule set design standards that required envelopes for mail-in ballots to include the official election mail logo and a unique bar code. States were required to upload lists of their eligible voters’ names and mailing addresses to a portal that’s still being built. (On Sept. 1, the Postal Service said the portal would be available soon.) The bar codes on the envelopes needed to match the voter information in the lists states uploaded to the portal. If the ballot envelope failed to fit the criteria, USPS would reject and return the mail to election officials.
In August, an anonymous federal employee filed a whistleblower disclosure with U.S. Sen. Richard Blumenthal, a Connecticut Democrat, calling the Postal Service’s new system untested and error-prone. The employee described the process as “secretive, rushed, chaotic, and fundamentally flawed.”
According to a September audit by the agency’s Office of Inspector General, some Postal Service facilities failed to properly handle ballots during this year’s primary elections. (In a response included with the findings of the audit, USPS wrote that “overall ballot mail performance is strong,” while acknowledging “we can always reinforce and amplify our internal processes and procedures.”) As ProPublica’s Jen Fifield reported, top USPS officials expressed concerns in meetings about how the new rules could delay or block ballots from reaching large swaths of eligible voters.
The rule change would’ve affected the people who rely on mail-in voting the most: older people, people with certain disabilities, and people who live in remote or rural areas, said Richard Hasen, a UCLA law professor and director of the school’s Safeguarding Democracy Project, in an interview before the Supreme Court order. On Sept. 3, a bipartisan group of 99 current and former state and local election officials said in a court brief that it would have been impossible for states to comply with the rules ahead of the midterms.
The Trump administration said in its filing to the Supreme Court that the Postal Service rule “imposes only modest envelope-design and addressee-information requirements” on mail-in ballots.
A spokesperson for the U.S. Postal Service did not respond to a request for comment. In a previous statement, a spokesperson said the agency had spent months developing its system, in a manner consistent with federal court orders. The spokesperson added that the agency’s goal is to ensure “that Americans can have confidence that their election mail will be handled securely and delivered reliably.” In response to concerns raised by the whistleblower, Postmaster General David Steiner said in a statement that the agency “takes these concerns seriously” but added that “our standards for quality, security, and system integrity were not compromised.”
In a concurring opinion with this week’s decision blocking the new mail-in ballot rules, Justice Brett Kavanaugh acknowledged that state and local election officials didn’t have enough time to implement the Postal Service changes before the November midterms. But Kavanaugh added that the rules may fall within the Postal Service’s authority, not ruling out that they could be implemented for future elections.
Can I vote by mail?
State laws vary on who can vote by mail, and when. Your eligibility depends on the law in your state.
Every state offers some version of voting by mail, but your state may require you to have a reason to vote absentee, such as an illness, a disability or travel out of state.
Check the rules for mail-in voting in your state. Take note of whether your state requires you to request a mail-in ballot ahead of the election and what the deadlines are for those requests, as well as when ballots must be returned in order to count. Before you request a mail-in ballot, make sure you’re registered to vote and the local election office has your address.
Eight states and the District of Columbia proactively mail ballots to every registered voter. In 29 states, voters can request a mail-in ballot without providing a reason. The other 13 states require voters to provide an eligible excuse when they ask for an absentee ballot.
How do I make sure my mail-in ballot counts?
We asked experts what voters should know if they plan to vote by mail. Keep in mind that the rules for mail-in voting depend on where you live.
Read the directions carefully, Smith Warner said. Make sure you fill out the ballot completely and don’t leave any stray marks.
Sign the ballot with your typical signature. Use the same signature you have on other government documents, such as your driver’s license, experts say. That signature is printed on your license, and you can pull it out to refresh your memory.
Don’t miss the deadline to turn in your ballot. Deadlines for turning in absentee ballots vary by state. The U.S. Postal Service recommends voters mail their completed ballot at least a week before their state’s deadline to ensure it arrives in time.
The Postal Service’s routes may have changed, so delivery of your mail-in ballot may take longer, said Tammy Patrick, the chief programs officer at the Election Center. “So, make sure you get your ballot back as early as possible,” she said.
Consider dropping off your ballot at a local election office. Election experts we spoke to recommend voters return their completed ballots to a ballot drop box or their local election office. Drop boxes are often found at city halls, libraries and schools. Check with your local election office to find locations near you.
Track your ballot. State and local election officials often have online portals where you can check to see whether your ballot has been received, approved or rejected.
What if I change my mind and prefer to vote in person?
It’s not unusual for people to vote at the polls after requesting a mail-in ballot, said David Becker, the executive director of the Center for Election Innovation & Research, a nonpartisan nonprofit based in Washington that works with election officials and conducts research to build trust in the voting process. States have systems in place to prevent people from voting twice.
Some states allow voters to bring completed mail-in ballots to polling places, but check with your local election office before relying on that method. If you decide you want to vote in person instead, experts recommend you bring your mail ballot and envelope so the poll workers can cancel or spoil it (mark it or rip it up).
We also asked experts what to do if a voter has already sent in their mail-in ballot but wants to make changes. Experts said to avoid this if possible. Depending on where you live, if the mail-in ballot hasn’t yet been accepted and cast by election officials, voters may be able to change their mind and vote in person, Patrick said.
“As long as it hasn’t gotten back to the elections office and it hasn’t been accepted,” she said, “then the voter can usually still be provided another ballot.”
