The Supreme Court has ruled that the U.S. Postal Service may not enforce new ballot rules in the upcoming November election. Seven justices concurred with an order stating, "factors applicable for obtaining emergency relief from this Court do not favor a stay." The decision ends the administration's third emergency request to the Court in six weeks, but the case continues in lower courts, and the rest of the executive order remains in effect.
"[The government] is unlikely to succeed on the merits of its challenge." - Unsigned Order of the Court
Washington's Response
Secretary of State Steve Hobbs responded to the ruling, "Today's decision reaffirms what we already know: the USPS rule would create unnecessary disruption and put our voters at risk. Washington's election workers are already hard at work preparing to carry out a safe, secure, and accurate election. Now, that work continues without having to upend our election processes to meet unrealistic ballot mail requirements."
"This is a victory for this year's election, but I know the broader fight is not over." - WA Secretary of State Steve Hobbs
Attorney General Nick Brown, who co-led the 25-state lawsuit against the administration's executive order, called the compliance timeline "practically impossible" and said "the chaos that would cause is exactly what Trump wants."
Ballots in Washington are already printed, with military and overseas ballots to be sent out this week, and general ballots scheduled to be mailed starting October 16.
Use a Drop Box Anyway
In the August primary, ballots rejected as "too late" rose 32 percent statewide, a majority of which were sent via mail. USPS also delivered 70 valid ballots after the deadline in Thurston County, one of which was mailed July 19. Our own analysis of the primary found a ballot returned by mail was almost twelve times more likely to be rejected than one placed in a drop box.
Everett Drop Box Locations
- Snohomish County Elections Office, 3000 Rockefeller Ave (walk-in, first floor)
- Everett Courthouse Campus, Rockefeller Ave and Wall St
- Everett Community College, 1001 North Broadway (drive-up)
- Everett Mall, 1402 SE Everett Mall Way (drive-up)
- Evergreen Branch Library, 9512 Evergreen Way (drive-up)
- McCollum Park and Ride, 600 128th St SE (drive-up)
Signaling Dissent
Justice Samuel Alito dissented to the order, joined by Justice Clarence Thomas. In Alito's dissent, he wrote the Postal Service has "broad authority to regulate the mail," and that the envelope, barcode, and portal requirements are not "entirely in excess" of that power. Justice Brett Kavanaugh agreed with the majority, but only because election officials, "do not have sufficient time to reasonably implement the rule."
A narrower rule, at a future date, could alter the outcome. Chief Justice John Roberts and Justice Amy Coney Barrett have authored rulings which limit government agencies from claiming broad new powers, but only to an extent. If they were to join Alito, Thomas, and Kavanaugh, the ruling would be 5-4 in favor of the administration.
What Implementation Looks Like
Leon County, Florida submitted the county's ballot envelope to the Postal Service for approval this year, using the same design the county mailed without incident in 2024. On September 2 the Postal Service rejected it because two lines of text - the return address and the words "return service requested," - were 0.236 inches apart. The rule requires one quarter inch of space. The county appealed, and was denied. Ultimately, the envelope design was approved, but just two weeks before Florida's mailing deadline.
What To Expect
Voting by mail in Washington State is expected to function this November. But the broad provisions of the executive order remain in effect. The Department of Homeland Security has placed Washington on a list of states where it plans to "surge" voter fraud investigators through mid-October. Hobbs and Brown have issued county election offices a guide for responding to federal agents, up to and including search warrants.