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Federal Judge Extends Block on USPS Mail Ballot Rules
Confirmed
In Short: A federal judge in Boston has extended a block on new U.S. Postal Service mail ballot rules, just two months before the midterm elections, citing concerns over potential disenfranchisement.
A federal judge in Boston has extended a block on new U.S. Postal Service mail ballot rules, just two months before the midterm elections, citing concerns over potential disenfranchisement of millions of voters who seek to vote by mail. The judge, Indira Talwani, found that the rules, which mandate nationwide mail ballot design and review requirements and state submission of a voter information database to USPS, are unconstitutional and threaten to intrude on both Congress's and state powers over elections.
The decision comes in the wake of President Donald Trump's executive order aimed at tightening access to mail ballots, and follows a preliminary injunction already sought by the U.S. Supreme Court. The judge's order ups the ante for the Supreme Court to weigh in on the matter.
The injunction was issued at the behest of Democrat-led states and voting rights groups, after the first state in the country began sending out mail ballots for the upcoming elections. The rules, which were prompted by the executive order, are now set to remain blocked until further notice.
This development adds another layer of uncertainty to the already contentious election season, with the Supreme Court potentially playing a pivotal role in resolving the dispute over mail-in voting rules.
What's confirmed
- Lawyers with the U.S. Department of Justice countered that USPS had clear authority to implement what they called "modest" envelope design requirements. They said state election officials would retain full control over who is permitted to vote by mail in their states if the rule went into effect.
- Under this rule, states must supply the USPS with lists of mail ballot recipients, and all outbound and return ballot envelopes must bear unique barcodes.
- The USPS, under the rule, may refuse to deliver ballots that do not comply with the new standards or are associated with voters who do not appear on the lists.
What's still developing
- Of those, 29 states allow voters to ask to cast ballots by mail without providing a reason, and eight conduct their elections entirely by mail.
- U.S. District Judge Indira Talwani, appointed by former President Barack Obama, granted a preliminary injunction against portions of the USPS rule, finding the challengers were likely to succeed in arguing that the service overstepped its authority.
- States have already printed millions of ballots and envelopes, while the USPS portal required under the rule was not yet operational as of this week.
- During a hearing Thursday, government lawyers said that if Talwani continued to block the requirements, it would bypass the federal appeals court and seek the Supreme Court's intervention.
- At issue in the case is a final rule issued by the Postal Service that requires states and localities to meet design requirements for mail ballots, including unique barcodes, and to submit to an online portal information about residents who will vote by mail, including their names, addresses and individualized barcodes.
- Any ballot mailings that don't comply with the requirements "will not be accepted and will be returned" to the election offices, the Postal Service said.
- Because of Talwani's earlier order that blocked implementation of the rule, the Postal Service is not requiring states and localities to submit ballot envelopes for review to ensure they comply with the new design rules. The agency has, however, "made that review available for states that wish to voluntarily submit their envelopes for review to ensure that they meet the standards set forth in the Final Rule," Steven Monteith, executive vice president of the Postal Service, said in a filing.