The Trump administration has asked the supreme court to clear the way for an executive order from Donald Trump that could dramatically change mail-in voting.

The emergency appeal comes after an appeals court upheld a ruling blocking the president’s order in nearly half the country ahead of November’s midterm elections.

The justice department asked the supreme court to allow the proposed changes to move ahead while lawsuits play out.

Trump ordered the government in March to create a “state citizenship list” of eligible voters and deliver mail ballots only to people on that list.

Democratic officials in 23 states and the District of Columbia sued, saying the constitution gives states and Congress the authority to set election rules, not the president. Attorneys have said Trump’s proposed changes are ripe for abuse and could cause chaos.

A judge in Massachusetts blocked the order for the plaintiff states, and a first US circuit court of appeals panel upheld that ruling over the weekend.

The executive order issued in March calls for US Citizenship and Immigration Services and the commissioner of the Social Security Administration to create a federal list of eligible voters. It tells the US Postal Service to deliver mail ballots only to people on that list.

Trump promoted the proposed changes as safeguards to keep non-US citizens from voting. Noncitizen voting has been shown to be rare, and is a felony that can be punishable by deportation.

US district court judge Indira Talwani in Boston, who was nominated by Barack Obama, agreed in June to halt implementation for the 3 November elections.