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The Trump administration filed a new appeal with the Supreme Court on Sunday seeking to enforce restrictions on mail ballots, as the ballots begin entering states across the country ahead of the midterm elections.
The filing asks the high court to stay a preliminary injunction issued Friday by U.S. District Court Judge Indira Talwani that prevents the U.S. Postal Service from enforcing several requirements for ballot mail in the November elections.
“Ballots have already begun to be mailed in North Carolina, and more States will begin the mailing process as the injunction remains in place — including Alabama on September 9 and at least five States the week of September 13,” Solicitor General John Sauer wrote.
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“Once those ballot envelopes enter the mailstream, there is no retrieving them,” he added.
Sauer argued that allowing the injunction to remain in place risks “sowing confusion and chaos” as more states begin mailing ballots because preparations to comply with the Postal Service rule remain voluntary rather than mandatory.
The administration maintains the rule is “a lawful and modest exercise of rulemaking authority delegated by Congress to the Postal Service” and “regulates the U.S. Mail, not federal elections.”
The rule requires federal election ballots sent through the mail to use envelopes that include the official Election Mail logo, meet automation requirements and carry unique barcodes, according to the filing. State election officials would also have to submit envelope designs for review and provide the Postal Service with information about intended ballot recipients.
The administration says the requirements are intended to improve the handling and delivery of ballot mail and protect the mail system from being used to facilitate voter fraud.
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The rule would not give the Postal Service authority to determine who is eligible to vote by mail or whether ballots should be counted, responsibilities that would remain with state and local election officials.
Democratic-led states and voting rights groups challenging the restrictions contend the changes are unconstitutional, while election officials have argued there is not enough time to revise their systems to comply before November.
The administration disputes those arguments, saying Congress gave the Postal Service broad authority to regulate the handling and delivery of mail and that the rule does not dictate ballot content, determine voter eligibility, establish election deadlines or govern how ballots are counted.
The filing marks the third time the administration has asked the Supreme Court to intervene in the dispute. The high court previously allowed the administration’s plan to move forward but has not ruled on whether the restrictions themselves are legal.
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The battle could have major ramifications for the November elections, when control of Congress is at stake. Nearly one-third of U.S. voters cast ballots by mail.
The Associated Press contributed to this report.
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