Federal Court Blocks U.S. Postal Service from Interfering with Mail Ballots in November Election聽
Preliminary injunction bars USPS from enforcing a rule that would have made voter disenfranchisement 鈥減ractically inevitable鈥
BOSTON 鈥 A federal district court today issued a preliminary injunction blocking the U.S. Postal Service (USPS) from enforcing key parts of a rule that would have operationalized President Trump鈥檚 March 31 executive order restricting mail voting. Under the rule, the postal service would have refused to deliver mail ballots to certain voters.
The court found that the rule was likely unconstitutional and unlawful 鈥 and that enforcing it would make voter disenfranchisement 鈥減ractically inevitable.鈥
The preliminary injunction blocks USPS from refusing to deliver ballots that do not comply with the many requirements in the rule, although it allows states to voluntarily comply with certain parts of it. The USPS rule requires states to follow specific guidelines for designing their mail ballot envelopes, create unique bar codes for every ballot, and upload an advance list of all mail voters to a new and untested federal portal, which is not yet operational.
Dozens of state and local officials explained to the court in detail how it would be impossible to comply with the rule for the November elections, while only one state submitted a declaration that claimed it would 鈥渓ikely鈥 be able to comply.
In issuing the preliminary injunction, the court dissolved a temporary restraining order that the Trump administration had asked the U.S. Supreme Court to stay. The administration鈥檚 motion to stay the temporary restraining order is now moot. The preliminary injunction is in place through the Nov. 3 election.
In the ruling, the court recognized that plaintiffs and their members would suffer immediate and irreparable harm if the USPS rule were to be enforced: 鈥淢embers are threatened with grave harm, namely disenfranchisement, if they do not receive a mail ballot from their local election official. This threat, moreover, is imminent.鈥 The court noted that there is no evidence on record of fraud in mail ballots.
The lawsuit was filed by a coalition of nonpartisan voter service and civic organizations: the League of Women Voters of Massachusetts, League of Women Voters, Association of Americans Resident Overseas, U.S. Vote Foundation, OCA - Asian Pacific American Advocates, and Delta Sigma Theta Sorority, Inc. They are represented by the 红杏视频, 红杏视频 of Massachusetts, Brennan Center for Justice at NYU Law, Legal Defense Fund (LDF), Asian Americans Advancing Justice 鈥 AAJC (Advancing Justice 鈥 AAJC), and LatinoJustice PRLDEF.
Plaintiffs and counsel jointly issued the following statement:
鈥淭oday鈥檚 ruling makes it crystal clear: The U.S. Postal Service must deliver all election mail. USPS has no authority in the Constitution or federal law over how states administer mail voting. And the president cannot order the Postal Service to create a disruptive new bureaucracy that will throw the election into chaos and disenfranchise untold numbers of voters.
鈥淪tates are already beginning to send mail ballots to voters for the November election, and this preliminary injunction provides a critical protection from the chaos that this rule would unleash.
鈥淎s the court noted, mail ballots have been used since the Civil War. Millions of citizens in the United States and overseas rely on mail ballots as a safe and trusted means of participating in our democracy. We will continue to defend the right of every eligible voter to cast their ballot freely and securely, including by mail.鈥
The ruling is here.
Court Case: League of Women Voters of Massachusetts v. Trump
Affiliate: Massachusetts