A federal court has again blocked implementation of a presidential executive order that would make significant changes to how the U.S. Postal Service handles mail ballots in federal elections. The latest ruling applies nationwide, but the legal fight is continuing at the U.S. Supreme Court.
For Michigan voters, the most important thing to know right now is this: Michigan’s current absentee voting procedures remain in place. All registered Michigan voters can continue to request and vote an absentee ballot under state law.
What the executive order would change
Under the mail-voting provisions, states that use mail ballots would provide USPS with lists of voters expected to receive them. The Postal Service would develop a system linking ballot envelopes to those lists and would be directed not to transmit certain ballots from voters who were not included.
The order has been challenged in several federal lawsuits over whether the president has the constitutional and statutory authority to make these changes to election administration.
A federal judge blocks the requirements nationwide
As Democracy Docket reports, this is the second time Talwani has blocked these provisions. In June, she issued an injunction in a separate case covering 23 states and Washington, D.C. The U.S. Court of Appeals for the First Circuit later upheld that ruling.
In her ruling, Talwani concluded that the plaintiffs were likely to succeed on their argument that the executive order exceeds presidential authority over federal elections. She also noted that the federal government had focused its arguments on whether the lawsuits were premature rather than defending the constitutionality of the challenged provisions.
The judge also addressed claims about election integrity. According to the ruling, the record before the court did not contain evidence showing illegal or fraudulent absentee voting that would support allowing the proposed restrictions to take effect while the case is litigated.
The administration has asked the Supreme Court to intervene
The case is not over.
The administration argues that courts should not have blocked the policy before federal agencies, including USPS, completed the process of developing final rules to carry it out. The Department of Justice has asked the Supreme Court to stay the injunctions while the litigation continues.
Other federal courts considering related challenges have agreed with the administration on that procedural issue, finding that some challenges were premature because USPS had not yet issued a final rule.
As of August 13, the Supreme Court has not ruled on the administration’s emergency request.
That means the nationwide injunction remains in effect for now.
What does this mean for Michigan voters?
Nothing about Michigan’s current absentee voting process has changed because of the executive order.
Under current Michigan law:
- All registered Michigan voters have the right to vote using an absentee ballot.
- Voters can request an absentee ballot online, by mail, or through their local clerk, unless they are already on the permanent absentee ballot list.
- Michigan voters can choose to join the permanent absentee ballot list and automatically receive an absentee ballot for future elections.
- Completed absentee ballots can be returned by mail, secure drop box, or directly to the voter’s local clerk. Voters can also bring a completed absentee ballot to their assigned early voting site and insert it directly into a tabulator.
- Voters can track the status of their absentee ballot at Michigan.gov/Vote.
VAAC will continue to follow the cases and share updates when there is information Michigan voters need to know.
For now, voters should continue to rely on information from their city or township clerk and the Michigan Department of State when making plans to vote.
Visit mi.gov/vote to check your registration, find your clerk, request or track an absentee ballot, and find information about voting in Michigan.
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