RismadarVoice Reporters
September 4, 2026
The administration of US President Donald Trump has asked the Supreme Court to allow a new Postal Service rule governing the handling of mail-in ballots to take effect ahead of the November 2026 midterm elections.
The Justice Department filed the request after US District Judge Indira Talwani issued a temporary restraining order blocking parts of the rule from being implemented.
The government is seeking an immediate stay of the judge’s order while its appeal continues before the First US Circuit Court of Appeals.
Solicitor General John Sauer argued in the application that allowing the lower court’s order to remain in effect could create confusion among states and election officials as they prepare for the midterm elections.
Mr Sauer said the administration believes the rule is necessary to address what it described as the risk of voter fraud involving mail ballots.
However, Judge Talwani disagreed with the government’s position, saying it had not presented evidence of fraudulent absentee or mail-in voting to justify the measure.
She also ruled that the new requirements could unlawfully interfere with states’ authority to administer elections and leave them with insufficient time to comply before the November 3 election.
Under the new Postal Service requirements, states and local election authorities would have to submit their mail-ballot and return-envelope designs for approval before the ballots could be processed for delivery.
Election officials would also need to create accounts on a new USPS electronic portal, obtain approval for ballot designs, and upload voter information, including names, addresses, and unique mail barcodes.
Judge Talwani said several states had already ordered their ballots and that some were legally required to begin sending them to eligible voters within weeks.
She cited North Carolina, which was scheduled to begin mailing ballots shortly after her ruling.
The judge said states could face significant financial and administrative difficulties as they had to redesign ballots, obtain federal approval, order new materials, modify election-management systems, and train officials to use the new postal portal within the available timeframe.
The administration, however, described the changes as limited, arguing that the rule merely converts existing Postal Service recommendations into mandatory requirements.
The government also rejected claims that the measure amounted to federal control of election administration, maintaining that it was primarily a regulation of the US mail system.
The dispute stems from an executive order signed by Mr Trump on March 31, titled “Ensuring Citizenship Verification and Integrity in Federal Elections.”
Judge Talwani had previously blocked implementation of an earlier version of the policy in a related case. The Supreme Court later overturned that decision, ruling in a 6-3 decision that the challenge had been brought before the rule was finalised.
In that ruling, the Supreme Court cautioned that its decision did not mean that every government action taken to implement the executive order would necessarily be lawful.
The Postal Service subsequently finalised the disputed rule late last month.
The latest Supreme Court application comes as Judge Talwani was expected to consider whether to issue a preliminary injunction in the case.
The legal battle is being closely watched ahead of the November midterm elections, with states and voting-rights groups arguing that the new requirements could disrupt preparations for mail voting, while the Trump administration maintains that the measures are necessary to protect the integrity of the electoral process.
