24 states sue to block new Postal Service rules for mail voting

Twenty-four states and the District of Columbia have filed a lawsuit to stop a new rule from the U.S. Postal Service that sets requirements for mail voting ahead of the November midterm elections. The rule, published last Friday, came in response to an executive order President Trump signed in March aiming to tighten mail voting rules.

The states argue in their lawsuit, filed in federal court in Massachusetts, that the rule will make it difficult for them to run their mail voting programs and could disenfranchise mail voters. They claim the Postal Service's new measure exceeds the executive branch's power and interferes with states' authority to manage elections under their own laws.

The lawsuit argues that the rule violates the Constitution and federal statutes, displaces state laws, creates inconsistent USPS functions, violates USPS's procedural rules, infringes on the Privacy Act, and cannot be reconciled with federal voting rights law. The attorneys general of the plaintiff states assert that the rule is unlawful in many ways, and if allowed, election officials would have to spend time, money, and resources to comply.

California Attorney General Rob Bonta emphasized that the U.S. Constitution grants states the power to regulate elections, not the President or the Postal Service. He called on the court to ensure every voter has the right to cast their ballot.

The White House defended the Postal Service's new policies, stating that Democrats oppose common-sense measures to protect mail-in ballots and ensure only American citizens elect their leaders. The administration will continue to enforce the agenda it was elected on, including the safety and security of U.S. elections. The rule outlines design elements for mail ballot envelopes, requires states to submit voter names and addresses to an online portal, and creates a "Mail-In and Absentee Participation List" to identify potentially anomalous incidents.

The Postal Service will not determine voter eligibility, maintain voter rolls, or count ballots, according to the agency. However, the lawsuit claims that as a result of the rule, states must redesign mail ballot envelopes, develop new systems to convey voter lists, create guidance for election officials, and educate the public about changes to mail voting—all within a few weeks and with limited resources.

The lawsuit also notes that there may be an influx of voters choosing to cast their ballots in person due to the Postal Service's changes. Some Democratic campaign committees and voting rights groups have joined the lawsuit, challenging the Postal Service's rule. The Supreme Court previously blocked the administration from implementing key provisions of the executive order, but the court's decision on Monday allowed the states to proceed with their lawsuit.

The court's ruling does not necessarily mean that any measures taken by the government to implement the executive order will be lawful; time will tell.