Recent headlines about a U.S. Supreme Court decision involving President Donald Trump’s executive order on mail voting may leave voters with the impression that voting by mail has been eliminated or that Michigan’s voting procedures have already changed.
That is not what happened.
As of right now, there are no changes to how you can cast your ballot in Michigan for the November election. You can still vote by mail.
There are also other court cases still going on. A separate court order currently blocks the U.S. Postal Service from putting the new mail-ballot rules into effect for the November election.
What did the Supreme Court actually decide?
That case was brought by 23 states and Washington, D.C. The Supreme Court said those states could not challenge the plan yet because they had not shown that it was causing them harm or was certain to do so.
Importantly, the Supreme Court did not rule that the mail-voting requirements in the executive order are lawful or constitutional.
The Court made clear that it did not decide whether the new rules would be legal if the federal government tries to put them into effect. Those questions can still be decided in court.
In other words, the Court decided whether this particular case could block the plan right now. It did not settle whether the federal government has the legal power to make these changes to how states run elections.
Another court order is still blocking the new rules
There are multiple lawsuits challenging the executive order, and the Supreme Court’s August 24 decision affected only one of them.
In a different case brought by the League of Women Voters of Massachusetts and other nonpartisan voting rights organizations, a federal judge issued a nationwide court order on August 11. It blocks the U.S. Postal Service from putting the new mail-ballot rules into effect for the November 3 election or any earlier federal election.
That court order is still in effect. The Supreme Court did not lift it on August 24.
The executive order calls for new USPS rules for mail ballots. Under the final USPS rule, states would have to give USPS lists of voters receiving mail ballots and use special barcodes on ballot envelopes. USPS would then check ballot mail against the new requirements.
USPS has finalized the new rule, but the separate court order currently blocks USPS from using it for the November election. The legal cases are still going on.
What does this mean for Michigan voters right now?
Michigan’s voting rules have not changed.
Michigan voters can still choose to vote absentee, including voting by mail, in the November 3 General Election. Michigan election officials will continue administering the November election under Michigan’s current voting procedures.
Under Michigan’s current voting procedures:
- All registered voters can vote by absentee ballot without providing a reason.
- Voters can request an absentee ballot or, if they are enrolled on Michigan’s permanent mail ballot list, automatically receive a ballot for elections for which they are eligible.
- Voters can return a completed absentee ballot by mail. If you plan to return your ballot by mail, send it as early as possible and use mi.gov/vote to track when your clerk receives it.
- Voters can also return their ballot directly to their city or township clerk or a secure ballot drop box.
- During early voting, voters can bring a completed absentee ballot to their assigned early voting site and insert it directly into a tabulator.
- Voters can track their absentee ballot at mi.gov/vote.
Why are the headlines confusing?
The Supreme Court did remove one court order that had blocked the federal government. That matters. But it is not the same thing as allowing the new mail-voting rules to take effect nationwide.
The Court did not decide whether the new rules would be legal if the federal government tries to put them into effect.
At the same time, a separate court order still blocks USPS from putting the new mail-voting rules into effect for the November election.
Both facts matter when understanding where things stand.
There is more to come
This legal fight is not over.
The federal government is continuing its efforts to put the executive order into effect. States and voting rights organizations are continuing to challenge those efforts in court. Judges may have to make more decisions about the USPS rule before the November election.
That means things could change again before November.
VAAC will continue following these cases and sharing updates when there is information Michigan voters need to know.
For now, Michigan voters should continue making their voting plans using Michigan’s existing rules. You can still vote by mail.
Visit mi.gov/vote to check your registration, request or track an absentee ballot, find your clerk, and get official information about voting in Michigan.
