Supreme Court Justice Elena Kagan denied a request from Republicans to stop Montana Gov. Steve Bullock’s (D) plan to mail ballots to all registered voters.

Kagan, who has jurisdiction over the case based on geography, denied the request without referring the case to the full court.

The suit was brought by Joe Lamm of the Ravali County Republican Central Committee and other voters.

The GOP-dominated Legislature banned mail-in ballots for general elections, instead allowing only by-request, no-excuse-required “absentee ballots” and in-person voting compatible with Phase 2 safety restrictions in the governor’s COVID-19 reopening plan.

But Bullock argued an emergency declaration connected to the coronavirus pandemic allows him to suspend that state law.

Bullock gave counties wide latitude regarding mailed ballots. Counties with approved plans began sending them to all registered voters in those counties on Oct. 9.