Vote By Mail In Essex County? Here's What To Know After New Supreme Court Ruling

ESSEX COUNTY, NJ — Voting by mail will proceed as usual in Essex County following a major U.S. Supreme Court decision, a local official says.

Essex County Clerk Christopher Durkin recently released an update for voters ahead of the 2026 general election, which takes place on Nov. 3.

Durkin said mail-in ballots for the midterm election will begin to be sent on Sept. 19 in Essex County – just as planned.

“The Supreme Court's decision provides much-needed certainty for voters and election officials as we prepare for the upcoming election,” he said.

In March, President Donald Trump issued an executive order that attempts to restrict voting by mail. The order would create a federal list of eligible voters in each state, and prevent the U.S. Postal Service from sending absentee ballots to anyone who is not on the list.

Trump and his supporters have claimed the move will boost election security. Critics say it is unconstitutional and could disenfranchise eligible voters.

The order has sparked a flurry of legal challenges, with New Jersey joining a multi-state lawsuit that seeks to block the proposed changes.

The Supreme Court granted preliminary approval for Trump’s executive order in August. However, the court issued a separate ruling rejecting the plan on Monday.

The majority said the Trump administration’s push to implement the restrictions this year is likely to lose in court. Samuel Alito and Clarence Thomas disagreed and dissented from the ruling.

Meanwhile, Brett Kavanaugh – a Trump appointee – left the door open for the issue to resurface in a concurring opinion, writing that “there is at least a fair prospect that the final rule falls within the Postal Service’s statutory authority.” But applying the rule for the 2026 elections would violate the Administrative Procedure Act because state and local officials don’t have enough time to reasonably implement it, Kavanaugh said.

Several states have already begun mailing out absentee ballots for the midterm elections.

In Essex County, ballots will hit the mail this week.

“Every eligible voter deserves confidence that their vote will be handled securely, accurately, and in accordance with the law,” Durkin said. “Our responsibility is to make sure that every voter has access to clear information and can participate in our elections with confidence.”

“We will continue working closely with our election partners to ensure that voters have the information and support they need,” Durkin said. “Most importantly, we want every Essex County voter to know that their voice matters and that we are dedicated to protecting their right to participate in our democracy.”

VOTER FRAUD IS RARE, EXPERTS SAY

Trump has claimed there is “massive fraud” due to mail voting, although many experts say that voter fraud in the U.S. is very rare. As an example, an Associated Press review after the 2020 election found fewer than 475 cases of potential fraud in the six battleground states where he disputed his loss, far too few to tip that election to Trump.

The conservative-leaning Heritage Foundation – which has been cited by the White House – lists only 53 cases of confirmed voter fraud in New Jersey dating back to 2003 on their online database.

The president voted by mail himself during a special election in Florida this year.

According to the Associated Press, voters in New Jersey cast 763,178 mail-in ballots prior the 2024 general election, which Trump won. There were 6.68 million registered voters and 4.32 million total ballots cast in New Jersey that year.

VOTING BY MAIL IN NEW JERSEY

Over the past few years, New Jersey has expanded access to voting in several areas – including mail-in ballots.

The state offers “no-excuse” absentee voting, meaning that any voter can request and cast an absentee/mail ballot – without having to give a reason why. New Jersey municipalities with fewer than 500 residents are allowed to conduct all elections by mail.

Voters must request a mail-in ballot at least seven days before the election. Ballots can be returned via mail, placed in a secure drop box (see locations here), or delivered to the local county board of elections office. Ballots must be postmarked on or before 8 p.m. on Election Day, and be received by their county board of elections on or before the sixth day after the close of the polls.

Voters can track their mail-in-ballot through an online portal run by the state division of elections. Learn more about New Jersey’s election laws here, and learn more about voting by mail here.

Mail-in voting got a huge boost in New Jersey when the coronavirus pandemic hit in 2020.

Former Gov. Phil Murphy signed an executive order that required ballots to be directly mailed to every registered voter. New Jersey increased its voter turnout from 61 percent to 78 percent that year – giving it the highest rate in the nation, according to the Brookings Institution. Former President Joe Biden defeated Trump in 2020, also outperforming him in New Jersey.

When New Jersey stopped sending out automatic mail-in ballots for the 2021 election, voter turnout dropped back down to previous levels, a trend that continued when Trump won a second term – flipping several Garden State counties from blue to red.

About 7 percent fewer New Jerseyans voted in the 2024 election than in 2020.

• Related: 5 NJ Counties Flip Red In Trump Vs. Harris Presidential Race
• Related: NJ Purges Thousands Of Non-Citizens From Voter Rolls, With More To Come

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