KEY WEST, Fla. — Florida election officials, including those in Monroe County and across South Florida, can continue using their existing vote-by-mail procedures for the November midterms after the U.S. Supreme Court on Monday declined to allow President Donald Trump’s new mail-ballot restrictions to take effect before the election.
The ruling leaves the current system in place as Florida approaches its first major deadline for sending general-election ballots. Military and overseas ballots are scheduled to go out by Sept. 19, while ballots for other Florida voters with requests already on file must be mailed between Sept. 24 and Oct. 1. Election Day is Nov. 3.
The court’s brief order does not finally decide whether the Trump administration’s restrictions are lawful. The court appeared to be divided 7-2, with two conservative justices, Clarence Thomas and Samuel Alito, dissenting. Justice Brett Kavanaugh agreed the changes should not take effect for the midterms but indicated he could ultimately side with the administration when the underlying legal questions are resolved.
For voters in the Florida Keys, the immediate effect is straightforward: nothing changes in how Monroe County administers vote-by-mail for the November election.
The proposed federal system would have required states to use federally approved ballot-envelope standards and provide lists of eligible mail voters through an online U.S. Postal Service portal. Under the rule, the Postal Service could refuse to handle ballots that did not comply with the new requirements. Election officials around the country argued that implementing such a sweeping change only weeks before the election was impractical and could prevent otherwise eligible voters from receiving ballots.
A whistleblower also raised concerns that problems with the still-developing federal portal and barcode system could cause large batches of ballots to be rejected or never mailed. The Postal Service has said it spent months developing the portal and maintained that its work complied with existing court orders.
What It Means In The Florida Keys
Monroe County voters may continue requesting and returning vote-by-mail ballots under existing Florida law.
The county’s deadline to request that a ballot be mailed for the Nov. 3 general election is 5 p.m. Oct. 22. Monroe County also plans early voting from Oct. 19 through Oct. 31.
A completed mail ballot must reach the Monroe County Supervisor of Elections by 7 p.m. on Election Day to count. A postmark by Election Day is not enough for most domestic voters.
Voters can return ballots by mail or deliver them to election offices in Key West, Marathon or Key Largo. Secure ballot intake stations are also scheduled for Key West, Marathon, Key Largo, Big Pine Key and Plantation Key during designated periods.
Monroe County had 54,771 active registered voters as of Monday, according to Supervisor of Elections Sherri Hodies’ office.
The decision is similarly significant in Miami-Dade, Broward and Palm Beach counties, where vote-by-mail remains an established voting option and election offices are preparing for the same statewide ballot-mailing deadlines. Florida law allows any registered voter to request a mail ballot without providing a reason.
Trump Has Used Vote-By-Mail In Palm Beach County
The dispute also presents a contrast with Trump’s own voting practices in South Florida.
Trump, whose Florida residence is at Mar-a-Lago in Palm Beach, voted by mail in Palm Beach County this year.
Palm Beach County election records showed Trump used a mail ballot in a March special election for the Florida House district that includes Mar-a-Lago. He requested the ballot March 14, it was received the following day and ultimately counted, according to reporting based on county election records and CBS News.
The White House also confirmed that Trump voted by mail in Florida’s Aug. 18 Republican primary. Reporting based on Palm Beach County records showed first lady Melania Trump and Barron Trump also voted by mail in that election.
Trump has nevertheless repeatedly criticized mail voting and has advocated tighter restrictions on its use.
Court Battle Is Not Over
The administration had asked the Supreme Court to allow the new Postal Service requirements to take effect immediately while litigation continued.
Lower courts blocked the plan, finding serious questions about whether the executive branch and Postal Service had authority to impose the new requirements on state-run elections. A second federal judge appointed by Trump issued another injunction Monday, concluding that major portions of the rule exceeded the Postal Service’s authority.
Monday’s Supreme Court action means those restrictions will not govern the 2026 midterm election, but the broader legal dispute remains unresolved.
Nearly one-third of U.S. voters use mail ballots, according to the Associated Press, making the eventual outcome potentially significant well beyond this election.
For Florida voters, however, the immediate rules remain the familiar ones: request a ballot through the county supervisor of elections, complete and sign it and make sure it reaches the elections office by the statutory deadline.
Ed. Note: Reuters, The Associated Press, CNN and WPLG-10 contributed to this reporting.
