The Trump administration has requested that the Supreme Court clear the way for an executive order from Donald Trump that could significantly alter mail-in voting. This emergency appeal follows an appeals court upholding a ruling that blocked the president’s order in almost half of the country, ahead of the November midterm elections.
The Justice Department has asked the Supreme Court to allow the proposed changes to advance while ongoing lawsuits are resolved. President Trump issued the order in March, directing the government to establish a “state citizenship list” of eligible voters and to deliver mail ballots exclusively to individuals on that list.
Democratic officials in 23 states and the District of Columbia have filed lawsuits, arguing that the Constitution grants states and Congress the authority to set election rules, not the president. Attorneys have stated that Trump’s proposed changes are susceptible to abuse and could lead to disorder. A judge in Massachusetts blocked the order for the plaintiff states, a decision upheld by a first US circuit court of appeals panel over the weekend.
The executive order mandates US Citizenship and Immigration Services and the commissioner of the Social Security Administration to create a federal list of eligible voters. It also instructs the US Postal Service to deliver mail ballots only to those on this list. Trump has promoted these proposed changes as safeguards against non-US citizens voting, although noncitizen voting has been shown to be rare and is a felony punishable by deportation.