DOJ asks Supreme Court to allow Postal Service rules on mail ballots

The Justice Department has requested the Supreme Court to step in and allow the Postal Service to enforce its rules on mail ballots, just weeks before the November midterm elections. Solicitor General D. John Sauer filed an emergency appeal to halt a district court's temporary order blocking the enforcement of these requirements.

The order, issued by U.S. District Judge Indira Talwani, is set to remain in place for several more days, pending the outcome of the appeals process. The Postal Service's rule imposes only modest requirements on envelope design and addressee information for federal-election ballots. The Department contends that the Postal Service's rulemaking authority, as conferred by Congress, extends to regulating envelope design and addressee information for mailings related to elections.

They argue that the district court's temporary order nullifies the Postal Service's efforts to address potential voter fraud through mail voting. The Postal Service's rule requires states and localities to comply with specific design requirements for mail ballots and to submit information about voters who will vote by mail, including their names, addresses, and unique barcodes, to an online portal.

Non-compliant ballot mailings will be rejected by postal workers. This legal battle is unfolding as states prepare to send mail ballots to voters, with at least two municipalities in Wisconsin already mailing ballots and North Carolina set to do so for certain voters. The rule, which takes effect around mid-September, aims to prevent voter fraud by ensuring the integrity of the electoral process.