Election officials and millions of voters across the country could sigh in relief on Monday after the Supreme Court halted the Trump administration’s efforts to undermine mail ballots just before the midterms. But the White House’s efforts to spread chaos and confusion in the election process continue.
While the Supreme Court did the right thing in this case, the court’s past partisan rulings were the only reason the result was even in question. As four distinguished scholars of election law noted in an amicus brief, they were “hard-pressed to think of another case … in which the balance of the equities and the public interest point so strongly” toward what the seven-justice majority ultimately found: Allowing these drastic changes so close to an election would be a disaster for our democracy.
Simply by pressing this facially impractical effort to the Supreme Court, though, the administration succeeded in undercutting some Americans’ confidence in voting by mail.
The litigation on this matter will continue because the court’s ruling did not fully analyze the constitutional and other legal claims still pending before the trial court, where the Postal Service is currently blocked from further action. Importantly, however, the court’s decision ensures that the status quo for mail ballots will remain in place for the midterms.
To be clear, ballots have already been mailed in several states. Federal law requires every state to send ballots to military members and other citizens living abroad by Sept. 19. Ballots are live, the midterms are here, and the court’s decision ensures that Americans retain all their options to cast a ballot this November.
Simply by pressing this facially impractical effort to the Supreme Court, though, the administration succeeded in undercutting some Americans’ confidence in voting by mail and raised doubts about whether ballots would be delivered on time. This adds to the administration’s growing efforts to falsely claim that elections and their results cannot be trusted. It is clear through executive orders and other actions that the administration is, at a minimum, laying the groundwork to discredit the midterm elections if the results do not favor the president’s party.
In both his administratiions, the president has spread falsehoods about election administration and eroded public trust in the process. This rhetoric can discourage and deter citizens from participating in their democracy, in turn letting elected officials avoid accountability with the voters.
Every citizen still has time to learn about their voting options and make a plan, whether they vote by mail, early or on Election Day.
In addition to these falsehoods, the administration’s actions, including its refusal to rule out deploying armed agents to polling stations, give voters genuine reason for concern. The good news for voters, however, is that the Supreme Court’s decision ensures their options for participating in the midterms remain the same. Making your voice heard, no matter your preferred candidate, contributes to a stronger democracy.
Multiple ways to vote — whether early, by mail or on Election Day — add immense resiliency to the overall process. That is good news for both voters and election administrators. We have seen that millions of Americans want or need to vote by mail. Fortunately, that option remains available, and a vast number of citizens will make their voices heard this way. It is critical, though, that voters know the precise options to cast a ballot in their communities and make a plan to vote. Those whose plan includes voting by mail need to leave sufficient time to both receive their ballot and return it.
For Americans who want to vote in person, remember that Election Day is the final day to vote, not the only day. Understanding the options to vote early before Election Day makes it easier ensure your voice will be counted.
The Supreme Court’s decision was released on the eve of Sept. 15, which is National Voter Registration Day. This nonpartisan civic holiday is held at this specific time in September because no state may impose a voter registration deadline more than 30 days before Election Day. That means every American still has time to get registered to vote or to update their registration with a current address. Doing so is the essential first step to participating in American democracy.
For now, the Supreme Court has put the brakes on one way the president and his administration have sought to undermine our election system. But in other ways, their efforts continue. The best defense against this is active engagement and participation. Every citizen still has time to learn about their voting options and make a plan, whether they vote by mail, early or on Election Day. I hope every American, regardless of which candidates they support, will stand up for our democracy by casting a ballot this fall.
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