Fontes: Supreme Court ruling on Trump's mail-in voting order changes nothing
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A U.S. Supreme Court ruling on President Trump's executive order to restrict mail-in voting won't matter for now because of an injunction in a separate case challenging it, according to Arizona Secretary of State Adrian Fontes.
Driving the news: The high court on Monday ruled that a group of states that sued over Trump's executive order lacked standing to bring the case.
- The lawsuit was filed by 23 states, including Arizona.
- The ruling didn't determine whether Trump's order is constitutional.
Yes, but: A federal injunction from a separate challenge brought by the League of Women Voters of Massachusetts is still in place, meaning the order can't be enforced, Fontes tells Axios.
- "As it stands right now, nothing changes for Arizona's voters," he says.
- Richie Taylor, a spokesperson for Attorney General Kris Mayes, tells Axios the same.
- Mayes described the ruling as "procedural" on X, adding, "We will continue to challenge this illegal USPS rule and ensure Arizonans can cast their ballots as they have for decades — and without interference from the federal government."
Catch up quick: Trump issued an executive order in March directing the U.S. Department of Homeland Security to collect from each state lists of U.S. citizens 18 and older, with states deriving the information from federal records.
- The U.S. Postal Service would be prohibited from delivering ballots to people who aren't on lists provided by states.
- Currently, USPS acts only as a carrier for ballots, without authority to choose not to deliver them.
- The USPS issued a rule last Friday to enforce Trump's order, and the League of Women Voters has asked a federal court to enforce the injunction against the new rule.
Friction point: To former Maricopa County Recorder Stephen Richer, the executive order would present an administrative headache, creating extra hurdles to clear to mail out ballots to eligible voters.
- Someone requesting a mail ballot midway through Arizona's early voting period would have to be checked against USPS's list rather than just being sent one directly from the recorder's office, creating the potential for snags.
- "I think some people are understandably apprehensive that that can be done seamlessly and highly, highly accurately in a short period of time such that nobody is ultimately harmed," Richer tells Axios.
- And Fontes says he lacks confidence in federal databases, telling Axios, "I'm not willing to risk any voters' rights against their flawed data."
The big picture: Roughly 80% of Arizona voters use early voting, with most getting their ballots by mail.
What we're watching: Fontes says he's speaking with officials in other states about a possible lawsuit challenging the new USPS rule.
- He wouldn't say which other states he's spoken with.