Republican officials in several states are working to shape the voting process for the 2028 election. Twelve GOP state attorneys general have started the process of appealing a September order by U.S. District Judge Carl Nichols, which blocked the U.S. Postal Service from carrying out a plan to restrict mail-in voting. The plan was released in response to an executive order by President Trump. The Republican state attorneys general represent Alabama, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, and Texas.
The blocked rule would require states to turn over lists of voters' names and addresses in order to have them delivered by USPS. However, Nichols found that the mailing agency likely has no power to impose that requirement on states. The administration's earlier push to put these new restrictions in place for the midterms alarmed many election officials, who were concerned about last-minute changes causing major disruptions to the tens of millions who regularly vote by mail.
Some voters with disabilities and those in places without polling sites could have lost the ability to exercise their right to cast a ballot if the restrictions were implemented. A whistleblower report claimed the online system officials would need to use to follow USPS' revised ballot requirements had not been properly tested and could have resulted in many eligible voters not getting their mail-in ballots in time or at all.
The Supreme Court ultimately stopped implementation of the USPS rule for the midterms, but Justices Samuel Alito and Clarence Thomas dissented from that ruling. Fellow conservative Justice Brett Kavanaugh said in a concurring opinion that he believed state and local election officials did not have enough time to "reasonably implement the rule" this time.
However, Kavanaugh noted that "there is at least a fair prospect that the final rule falls within the Postal Service's statutory authority." It's not clear if the Trump administration plans to appeal Nichols' ruling by Friday's deadline for filing a court notice. The Justice Department does not comment on ongoing litigation, according to spokesperson Matthew Tragesser.
The effort to revive the mail voting restrictions may not be sustained in some states, as Democratic candidates are set to take control of the attorney general's offices in Texas and Kansas in January. This development could impact the case's future, as these states' new leadership may choose not to continue the appeal.
The case's outcome will have implications for the 2028 election. If the appeal is successful, it could lead to restrictions on mail-in voting, potentially affecting millions of voters. Conversely, if the appeal fails, it could ensure that mail-in voting remains accessible to eligible voters.
Key points
- Twelve GOP state attorneys general are pushing to revive Trump's mail-in voting restrictions for the 2028 election.
- The restrictions would require states to turn over lists of voters' names and addresses to the USPS.
- The case's outcome will have significant implications for the 2028 election and the accessibility of mail-in voting.
