Supreme Court not to allow President Donald Trump's mail-ballot rule to take effect before November's midterm elections, arguing that implementing the changes now would risk confusion, delays and disruptions to voting. The move is notable because it comes from Republican election officials rather than only voting-rights groups or Democratic officials. It gained added significance Thursday when the U.S.
Court of Appeals for the First Circuit refused to pause a lower-court injunction blocking the rule. The appellate court found the government had not shown it was likely to succeed and pointed to the lower court's conclusion that states may be unable to comply with the rule's requirements before the November 3 election. The developments add pressure to the Trump administration's emergency appeal to the Supreme Court, which is being asked to revive the ballot-mail provisions after they were blocked by a federal judge in Massachusetts.
The White House argues the measures are necessary to protect election integrity, while opponents contend they would create logistical problems and exceed federal authority. Newsweek reached out to the White House and attorney Brent Herrin, counsel for the election officials, for comment. The filing was signed by 38 current and former election officials from 10 states, including Republican Secretaries of State Brad Raffensperger of Georgia, Scott Schwab of Kansas, Michael Adams of Kentucky, David Scanlan of New Hampshire, Michael Howe of North Dakota and Monae Johnson of South Dakota, as well as Utah Lieutenant Governor Deidre Henderson.
The officials stressed that their filing was not intended to endorse or oppose the rule itself. Instead, they argued it cannot realistically be implemented before the midterms. "Attempting to implement the Rule now will almost certainly lead to mistakes, delays, and confusion for both voters and election officials," the brief states.
The filing notes that absentee ballots have already begun going out in some states and that federal law requires states to send ballots to military and overseas voters by September 19. Election administrators would also have to comply with new envelope requirements, use a federal ballot portal that officials say has not been fully tested and implement additional verification procedures, according to the brief. The officials also pointed to the Supreme Court's Purcell doctrine, a legal principle that generally discourages courts from making significant changes to election rules close to an election because of the risk of voter confusion and administrative disruption.
The brief argues that the November election should be conducted under the rules that were in place when election preparations began. "Election administrators deserve a clear roadmap to successfully deliver a free, fair, and fast election. We already have that in Georgia," Raffensperger spokesman Robert Sinners told Newsweek on Thursday.
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