Sept. 6 (UPI) — The Trump administration on Sunday asked the Supreme Court for a third time to allow it to restrict mail-in voting before November’s midterm elections.
Administration lawyers in an emergency application urged the court to allow for new U.S. Postal Service rules to take effect, which would change how mail-in ballots are handled ahead of the elections.
Solicitor General D. John Sauer said in a court filing that the new rule “does not seize control of states’ administration of elections — it simply imposes reasonable preparation requirements for certain election-related mail.”
On Friday, a federal judge in Boston said she was indefinitely pausing the plan while lower courts hear other challenges. Judge Indira Talwani a day earlier held a hearing with lawyers representing Democratic-led states and voting rights groups as well as Postal Service attorneys and Republican-led states that back the rule.
The rule would compel states to report to the USPS which voters are qualified to receive mail-in ballots, as well as a new ballot envelope design that can be scanned and linked to voters. The USPS would be allowed to withhold deliveries of ballots in states that do not comply.
Talwali ruled that the states would be required to violate their own privacy laws and implement requirements that appeared likely to cause some voters to be disqualified.
She also raised questions about why the USPS was proceeding with urgency to have the rule approved for November while claiming it was routine and would need small clerical changes.
Talwani also questioned U.S. President Donald Trump’s assertion the rule was needed for secure elections. She said in her ruling that the USPS’ argument “includes no evidence relating to fraudulent mail voting to support the rushed implementation.”
Talwani did not question or prevent Republican-led states from voluntarily complying with the rule. She said her ruling is only for this year’s elections, and that other courts could later determine if the rule was lawful.