Mail-In Voting In Essex County: What To Know About Latest Supreme Court Ruling

ESSEX COUNTY, NJ — Will this week’s highly watched U.S. Supreme Court decision change how voting by mail works in Essex County? For now, the answer is no, a local official says – but the future is uncertain.

Earlier this week, the Supreme Court granted preliminary approval for President Donald Trump’s recent executive order that puts additional restrictions on voting by mail.

The order would create a federal list of eligible voters in each state. It would prevent the U.S. Postal Service from sending absentee ballots to anyone who is not on the list.

Supporters have claimed the move will boost election security. Critics say it is unconstitutional and could disenfranchise eligible voters.

The legal battle against Trump’s order is expected to continue ahead of the rapidly approaching midterm election. It remains unclear what – if any – changes will take place by then.

• Related: NJ Joins 22 States In Challenging Trump’s Newest Election Policy

ESSEX COUNTY CLERK ISSUES UPDATE

Essex County Clerk Christopher Durkin released an update for local voters on Tuesday.

Things will proceed as usual, he said – for now.

“In response to the current Supreme Court decision, please be advised that the office of the Essex County Clerk will continue processing vote by mail ballots as per New Jersey state law,” Durkin said.

“New Jersey is currently in litigation with the federal government and at this time no one knows exactly what the outcome will be,” he added.

Essex County residents who don’t want to vote by mail in the 2026 general election can opt out by filling out this form on the clerk’s website and returning it via mail or email. All opt-out requests must be received no later than Sept. 4.

Mailing of vote-by-mail ballots will begin on Sept. 19. Anyone who doesn’t receive their ballot by Oct. 9 can contact the clerk’s office at 973-621-4922.

Learn more about voting by mail in Essex County here.

VOTER FRAUD IS RARE, EXPERTS SAY

Trump has claimed there is “massive fraud” due to mail voting, although many experts say that voter fraud in the U.S. is very rare. As an example, an Associated Press review after the 2020 election found fewer than 475 cases of potential fraud in the six battleground states where he disputed his loss, far too few to tip that election to Trump.

The conservative-leaning Heritage Foundation – which has been cited by the White House – lists only 53 cases of confirmed voter fraud in New Jersey dating back to 2003 on their online database.

The president voted by mail himself during a special election in Florida this year.

According to the Associated Press, voters in New Jersey cast 763,178 mail-in ballots prior the 2024 general election, which Trump won. There were 6.68 million registered voters and 4.32 million total ballots cast in New Jersey that year.

VOTING BY MAIL IN NEW JERSEY

Over the past few years, New Jersey has expanded access to voting in several areas – including mail-in ballots.

The state offers “no-excuse” absentee voting, meaning that any voter can request and cast an absentee/mail ballot – without having to give a reason why. New Jersey municipalities with fewer than 500 residents are allowed to conduct all elections by mail.

Voters must request a mail-in ballot at least seven days before the election. Ballots can be returned via mail, placed in a secure drop box (see locations here), or delivered to the local county board of elections office. Ballots must be postmarked on or before 8 p.m. on Election Day, and be received by their county board of elections on or before the sixth day after the close of the polls.

Voters can track their mail-in-ballot through an online portal run by the state division of elections. Learn more about New Jersey’s election laws here, and learn more about voting by mail here.

Mail-in voting got a huge boost in New Jersey when the coronavirus pandemic hit in 2020.

Former Gov. Phil Murphy signed an executive order that required ballots to be directly mailed to every registered voter. New Jersey increased its voter turnout from 61 percent to 78 percent that year – giving it the highest rate in the nation, according to the Brookings Institution. Former President Joe Biden defeated Trump in 2020, also outperforming him in New Jersey.

When New Jersey stopped sending out automatic mail-in ballots for the 2021 election, voter turnout dropped back down to previous levels, a trend that continued when Trump won a second term – flipping several Garden State counties from blue to red.

About 7 percent fewer New Jerseyans voted in the 2024 election than in 2020.

• Related: 5 NJ Counties Flip Red In Trump Vs. Harris Presidential Race
• Related: NJ Purges Thousands Of Non-Citizens From Voter Rolls, With More To Come

Send local news tips and correction requests to eric.kiefer@patch.com. Learn more about advertising on Patch here. Find out how to post announcements or events to your local Patch site.