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Politics

SCOTUS ruling creates uncertainty for mail-in ballots’ future, but won’t affect midterms

A voter drops off his ballot at the drop in front of the San Diego Registrar of Voters' office in Kearny Mesa, March 5, 2024.
A voter drops off his ballot at the drop in front of the San Diego Registrar of Voters' office in Kearny Mesa, March 5, 2024.

The Supreme Court of the United States’ (SCOTUS) ruling on mail-in ballots may not result in any changes for the midterm elections, one political science professor said, but it’s adding uncertainty to voting habits for many San Diegans across the county.

The ruling Monday lifts the injunction on President Donald Trump’s executive order restricting mail-in ballots.

“There are still challenges to the final rule in this matter,” San Diego State University political science professor Stephen Goggin said. “It's a little bit unclear how this is going to play out.”

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Voters, such as Robert Carroll, said the ruling could subvert democracy.

“It disenfranchises the whole nation,” he said.

As with many San Diegans, Carroll voted by mail in the June primary election. He disagrees with the Supreme Court’s latest decision.

“I think it's a way to control the total of the vote, which is: mail-in voting usually represents the middle class most,” he said.

In March, President Donald Trump signed an executive order giving the U.S. Postal Service (USPS) the power to block mail ballots from being sent if states don’t hand over their voter rolls.

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Twenty-three states, including California, and the District of Columbia sued. In its ruling, SCOTUS said it was too early for the states to sue because the order hasn’t been implemented yet.

The court, Goggin said, did not rule on the merits of the case. That essentially restarts the legal fight. A second injunction is still in place barring USPS from complying with Trump’s directive.

The president has railed against mail-in ballots since losing the 2020 election, claiming voter fraud.

“Voter fraud via mail or other means is exceedingly rare,” Goggin said.

For the midterm elections, Goggin said, little if anything will change. The courts have long-standing precedents against changing election rules close to an election, he said.

California Secretary of State Shirley Weber said California’s election rules will remain in place while legal challenges continue.

What the ruling creates is uncertainty about the method most San Diegans use to vote, Goggin said.

“If (ballots) don't go out, then people have to figure out how to vote in person or get ballots via alternative means,” he said.

Californians overwhelmingly vote by mail. In the June primary, 89% of the state voted by mail. In San Diego County, the number was 92%.

California Attorney General Rob Bonta has vowed to file another lawsuit blocking Trump’s order.

“We will continue to use every legal tool at our disposal to fight back against unlawful federal overreach whenever it occurs,” he said in a statement.

Polls have closed, and election returns are trickling in. Check out our Voter Hub for updates

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