SCOTUS Permits Executive Order Limiting Mail-In Voting, Case Continues

What happened:
With the midterms approaching, the U.S. Supreme Court issued an emergency ruling blocking a lower court’s injunction against a March executive order on mail-in voting. The order directs the Department of Homeland Security to compile state-by-state lists of citizens eligible to vote, directs the Attorney General to prioritize investigating and prosecuting officials who issue ballots to ineligible voters, and directs the U.S. Postal Service to set uniform mail-in ballot standards through rulemaking. The Court’s ruling turned on standing — it found the order hadn’t yet produced a final rule and so hadn’t caused concrete harm.

Why it matters:
Once the final rule was published, plaintiffs refiled, and a Massachusetts district court issued a new preliminary injunction blocking the Postal Service provisions. The administration has appealed that injunction back to the Supreme Court, which had not ruled as of this writing. For nonprofits doing nonpartisan voter engagement work, the legal status of mail-in ballot standards remains unsettled heading into the fall.

Where things stand:
The case is pending before the Supreme Court. Nonprofit VOTE’s guidance to organizations doing nonpartisan voter work is to stay the course regardless of the litigation’s outcome: continue helping people register, understand their options, and make a plan to vote.

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Photo by Jill Wellington from Pixabay.