Colorado Mail Ballots Still Expected to Arrive in October Despite Supreme Court Ruling
Colorado voters should still expect their November election ballots to arrive by mail in early October, despite a recent U.S. Supreme Court ruling involving President Donald Trump’s executive order seeking to impose new restrictions on mail-in voting.
Colorado Secretary of State Jena Griswold said the Supreme Court’s decision does not currently change the state’s election procedures or its plans to mail ballots to voters.
The Supreme Court’s Aug. 24 decision allowed the Trump administration to continue pursuing portions of the executive order after determining that an earlier legal challenge brought by states, including Colorado, had been filed prematurely. The justices did not ultimately rule on whether the executive order itself is constitutional.
A separate federal court order has continued to block the U.S. Postal Service from implementing key portions of the administration’s new requirements. On Aug. 27, a federal judge issued another temporary order preventing the Postal Service from moving forward with the restrictions while the legal fight continues.
For Colorado voters, that means the state's existing mail-ballot system remains in place for now.
Colorado is one of a handful of states where ballots are automatically mailed to registered voters. County clerks are preparing for the November election under the state's existing election laws, with ballots expected to begin going out to voters in early October.
Military and overseas voters are already part of the state's early election preparations, while county clerks can begin mailing ballots to other voters beginning Oct. 2. Election Day is Nov. 3.
What the Supreme Court ruling means
Trump's executive order, issued earlier this year, seeks to establish new federal requirements for states that use mail ballots. Among other provisions, it directs the Postal Service to limit delivery of ballots based on voter information supplied by states and calls for additional requirements involving ballot envelopes and tracking information.
The Supreme Court's Aug. 24 ruling did not determine whether those requirements are lawful. Instead, the court ruled that one lower court had moved too quickly to block the order before the federal government had fully implemented the Postal Service changes.
That distinction is important for Colorado voters.
The legal battle is continuing, and Colorado officials have joined other states in challenging the Postal Service's efforts to implement the administration's requirements.
Griswold has said the timing of the ongoing litigation is also significant. With ballots already being prepared and election officials working toward the October mailing date, implementing a substantially different federal system this close to the election could create logistical challenges.
El Paso County voters
Locally, El Paso County Clerk and Recorder Steve Schleiker has said voters should continue to follow the state's existing election procedures.
The county has been monitoring the federal litigation and conducting internal planning for potential scenarios, but officials do not currently anticipate a change to the November election process.
That means El Paso County voters do not need to register with the Postal Service, complete a new federal process or take additional steps because of the Supreme Court ruling.
Existing Colorado election safeguards, including voter verification and ballot-processing procedures, remain in place.
The situation could continue to change as federal courts consider the administration's executive order and Postal Service rules. For now, however, Colorado election officials are moving forward under the state's existing system, with mail ballots expected to reach voters in early October.
The November general election is scheduled for Nov. 3.
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