Trump administration files urgent appeal with Supreme Court over USPS mail-in ballot rules

The Trump administration on Thursday filed an urgent appeal with the U.S. Supreme Court seeking permission to immediately implement new U.S. Postal Service rules for mail ballots that critics say impede on states' authority to run elections.

A temporary restraining order against the USPS rules, which were prompted by President Donald Trump's executive order aimed at tightening access to mail ballots, is set to expire on Sept. 10 but could be extended indefinitely.  A federal district court judge is set to rule imminently.

The new rules, published by USPS last month, require states to report basic voter information, such as a voter's name and home address, attached to a unique barcode on every mail-in ballot distributed. Postal workers would then only deliver ballots addressed to voters who appear on the state-provided list.

Following the publication of the regulations last month, dozens of Democratic state attorneys general sued the Trump administration after an earlier lawsuit was blocked by the Supreme Court, which said the challenge was premature since the regulations hadn't been finalized.

In its latest appeal to the justices, the Trump administration insisted the rules impose only "modest" ballot design and review requirements on states and that a requirement to submit name, address, and barcode information of intended recipients is not onerous or intrusive.

"The rule thus plainly does not seize control of states' administration of elections — it simply imposes reasonable preparation requirements for certain election-related mail," Solicitor General John Sauer wrote in the court filing.

"The rule's regulation of the U.S. mail — not federal elections — is plainly constitutional," he argued.

Sauer told the justices that the longer they wait to grant the administration's request the more likely it is that some states may not be able to comply with the new rules before having their mail ballots printed for the fall election and, in turn, might deprive some voters of being able to receive a ballot delivered by USPS.

The states challenging the USPS rule have until Tuesday, Sept. 8, at 10 a.m. to formally respond before the court makes a decision.

The states and voter advocacy groups have argued that the new USPS regulations are an attempt by the Trump administration to federalize elections, which are historically and constitutionally managed by each state, and make it harder to vote by mail for everyday citizens.