Supreme Court Ruling Puts Michigan’s Mail Ballot Rules In Flux

A U.S. Supreme Court ruling allowing the Trump administration’s mail-voting order to move forward does not immediately change how Michigan voters cast absentee ballots.

But that could change as Michigan election officials prepare to mail ballots for the important Nov. 3 midterm elections.

The Supreme Court on Monday lifted an order that had blocked parts of President Donald Trump’s March executive order governing mail and absentee voting. The justices did not decide whether the president has the constitutional authority to impose the changes.

Instead, the court concluded that the 23 states challenging the order argued that Trump’s order intruded on states’ authority to administer elections and on Congress’ power under the Constitution to make or change rules governing the “times, places and manner” of federal elections.

The court said the states, which included Michigan, sued too soon and had not shown the kind of concrete, imminent harm necessary to bring their claims when the lawsuit was filed.

The Supreme Court ruling covered several parts of Trump’s election order, but the piece most relevant to mail voting involved the Postal Service.

When the states sued, Trump had only directed the USPS to develop new rules for mailed ballots. The Postal Service finalized a rule requiring election offices to use approved, trackable envelopes for federal ballots and submit ballot-mailing information through a federal portal, but a separate federal court injunction currently prevents USPS from implementing those changes for the 2026 election.

The Trump administration is seeking to have that order lifted, and additional litigation is expected.

What Could Change In MI

If the rule takes effect, state and local election offices would have to comply with the new envelope, barcode and reporting requirements. Voters would not have to sign up with USPS, and the Postal Service would not decide who is eligible to vote.

The reporting requirement is likely to draw particular scrutiny because the Trump administration is already collecting statewide voter-registration data through a separate Justice Department effort. The states that have fully complied so far are Republican-led. Iowa, for example, turned over its voter file in May, including sensitive identifying information.

The USPS rule would require a different disclosure: information identifying voters being sent mail ballots and the barcodes associated with those ballots.

The practical concern is that USPS could reject batches of ballots that do not meet the new requirements, forcing election officials to correct and resend them — a potentially significant problem as ballot-mailing dates approach.

That provision could become increasingly important as ballot-mailing dates approach.

Michigan election officials are scheduled to begin mailing absentee/mail ballots.

What The Court Actually Decided

Importantly, the Supreme Court’s ruling does not uphold Trump’s mail-voting policies as constitutional.

The court’s conservative majority instead focused on whether the states had standing to challenge the executive order when they filed their lawsuit.

The court said the executive order itself largely directed federal officials to take future actions and did not require states to do anything.

At the time the lawsuit was filed, the Postal Service had not adopted its final rule, so the majority said predictions about how the federal government would ultimately implement the order — and how states would be affected — were too speculative.

That leaves open the possibility of new challenges based on actions federal agencies have taken since then.

The timing could make those fights significant. The first ballots for military and overseas voters are scheduled to begin going out in early September, followed by absentee and mail ballots for other voters under individual state deadlines.

What MI Mail Voters Should Know

For now, voters should continue following Michigan’s existing instructions for requesting and returning mail or absentee ballots unless state or local election officials announce a change.

All registered voters in Michigan have the right to vote by mail using an absentee ballot delivered to their home. Voters can request the ballots directly from their local clerk’s office.

Ballots begin going out 40 days prior to every election. That means ballots will start going out on Sept. 25 for the Nov. 3 elections.

The deadline to request a mail/absentee ballot has already passed in Michigan. Those dates were July 31 (by mail) and Aug. 3 (in person).

A completed ballot returned by mail must be received by the voter's local clerk by 8 p.m. on Election Day. Officials ask voters to mail their ballots at least two weeks before Election Day to avoid potential mailing delays.

Military and overseas voter absentee ballots must be postmarked by Election Day and received within 6 days after the election

Voters may also return ballots to their local clerk’s office by 8 p.m. on Election Day.

Michigan offers does an online system allowing voters to track the status of their mail ballot. You can find that link here.

Voters should check with the Michigan Department of State or their local election office for the latest instructions because the federal court fight remains unresolved.

The Postal Service separately recommends that voters allow enough time for both delivery of the ballot to the voter and its return to the election office and follow deadlines and instructions established by their state.

The Associated Press contributed to this report.