Mail-in voting survives, but the fight isn’t over

José López Zamorano | La Red Hispana
U.S. Air Force Airman 1st Class Destiny J. Carl, 177th Fighter Wing, New Jersey Air National Guard, processes ballots at the Board of Elections Mail-In Ballot Processing Center, Mays Landing, N.J., Nov. 3, 2020. Nearly 400 New Jersey National Guard (NJNG) Soldiers and Airmen assisted election officials in 19 counties by performing duties in support of the General Election. Photo Credit: New Jersey national Guard / Public Domain

The Supreme Court dealt a major blow to President Donald Trump by rejecting his administration’s request to implement, just weeks before the November 3rd election, the Postal Service’s new rules for mail-in voting.

The ruling means that the system will continue to operate, in general terms, under the rules that states already know and that are applied differently in each of the 50 states.

The Postal Service cannot require states to redesign ballot envelopes, incorporate new barcodes, upload voter lists to a federal portal, or reject election mailings for failing to meet these new requirements. This matters because the voting process has already begun in several states, including North Carolina, Alabama, Wisconsin, and Pennsylvania.

Changing the rules once ballots begin circulating would not only have created an administrative problem but would have also opened the door for legitimate votes to be caught up in technical errors, computer glitches, or simple bureaucratic delays.

The Court upheld the order of federal judge Indira Talwani, who had blocked the rules. It also noted that the government has little chance of winning its challenge.

Although conservative Justice Brett Kavanaugh considered it possible that the Postal Service might have some legal authority in this matter, he argued that applying the rules in 2026 would be “arbitrary and capricious” because election officials do not have enough time to implement them. Justices Samuel Alito and Clarence Thomas dissented.

Politically, the ruling also temporarily halts an attempt to transfer some control to the executive branch over an area that historically belongs to the states and Congress. Trump has insisted that mail-in voting facilitates fraud, despite the lack of evidence of widespread fraud to justify a transformation of this magnitude.

Voting rights organizations celebrated the fact that a last-minute change was avoided.

But it’s important not to interpret the decision as the definitive end of the political and legal battle over voting.

What the Supreme Court did was reject an emergency request and keep the rules blocked for 2026; it didn’t permanently close the door on the possibility of the government trying to establish similar requirements in a future election with more preparation time or through a different legal avenue. Kavanaugh’s own opinion leaves that door open.

The picture today, however, is much clearer. By November 3, mail-in voting will proceed without the reform Trump sought to impose. Now, it’s up to voters to do their part.

It’s time to get informed, carefully analyze the candidates, and decide who best represents your priorities. But it’s also about making a plan to vote: verify your registration, know the dates, and choose the most convenient option in advance, whether it’s early voting, voting by mail, or voting in person on November 3.

The rules are clearer now, and it’s up to citizens to make their voices heard at the ballot box.

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