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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, finding them likely unconstitutional and potentially disenfranchising millions of voters.
A federal judge in Boston has extended a block on new U.S. Postal Service mail ballot rules, finding them likely unconstitutional and potentially disenfranchising millions of voters. The decision comes just two months before the November midterm elections and was issued at the behest of Democrat-led states and voting rights groups.
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 where it intrudes not only on Congress's Elections Clause powers but also that power left to the States.
This decision ups the ante for the U.S. Supreme Court, which had already been asked to weigh in on Talwani's preliminary injunction. The judge's order was issued on Friday, extending her block of the rules for the November midterm elections.
The decision follows President Donald Trump's executive order aimed at tightening access to mail ballots, and comes as the first state in the country sent out mail ballots for the elections on Friday.
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.