Johnson, Jackley split on timing of mail ballot rules

South Dakota officials take different positions

South Dakota Secretary of State Monae Johnson and Attorney General Marty Jackley’s office are on opposing sides of the legal fight over whether new federal mail ballot restrictions should take effect before the November midterms.

Johnson joined a U.S. Supreme Court filing that neither supports nor opposes the policy itself. The filing instead warns that immediate implementation could cause errors, delays and voter confusion while drawing officials away from other election preparations.

Jackley’s office joined the case as an intervening state in support of President Donald Trump’s proposed policy changes. An Aug. 29 court filing asked a federal district judge to lift the preliminary injunction blocking the rule. The Trump administration has also asked the Supreme Court to intervene.

A federal judge’s injunction currently prevents the requirements from taking effect. The Supreme Court is considering whether that block should remain in place.

What the restrictions would require

At issue are a Trump executive order and a U.S. Postal Service final rule adopted in late August. The rule would require state and local election officials to submit to USPS the names and addresses of voters receiving mail ballots. USPS would deliver those ballots only when the voter information had been submitted, and it would not deliver them in states that failed to meet the standards.

Johnson signed the Supreme Court brief in her individual capacity, not on behalf of South Dakota. Five other current Republican secretaries of state — from Kentucky, North Dakota, Georgia, New Hampshire and Kansas — also signed, along with Utah’s lieutenant governor and other current and former election officials.

Some states have already started mailing absentee ballots. South Dakota’s absentee voting period is scheduled to begin Sept. 18, increasing the importance of when the courts decide whether the rule may take effect.