Map Shows States Suing USPS Over Trump Mail-In Voting Changes

Twenty-four Democratic-run states and Washington D.C. are challenging the United States Postal Service (USPS) over its new rule for mail ballots before the November midterm elections. A U.S. District Judge in Boston approved the Trump administration's request, granting them a victory in a case filed by the League of Women Voters against President Donald Trump's executive order limiting mail-in voting.

The USPS rule establishes how the agency will support the executive order, which directs federal agencies to compile eligible voter lists and instructs the USPS to deliver mail ballots only to those on the lists. States must utilize a consistent envelope design for mail ballots and provide the USPS with a list of eligible voters.

Judge Indira Talwani granted the ruling's lifting due to the Supreme Court's procedural decision on Monday, which overturned a similar injunction she had previously issued in a separate case, citing that her decision was made before the USPS officially published its final rule on mail ballot delivery. Talwani expressed concerns that Trump's executive order could cause chaos prior to the midterms and called it "likely unconstitutional."

The Supreme Court has not yet ruled on the constitutionality of Trump's executive order, and the matter may be reconsidered by the justices before the midterm elections. The legal battle over mail voting occurs with approximately two months remaining until the November 3 midterm elections, which could impact control of Congress.

Supporters of the Trump administration argue that additional safeguards are necessary to ensure election confidence, expressing concerns about voter-roll accuracy, ballot verification, and potential voting by ineligible individuals. However, research shows that instances of mail ballot fraud are extremely rare, with only four cases per 10 million votes cast in U.S. general elections from 2016 to 2022.

Democratic voters are more likely to utilize mail ballots, with over one-third of estimated Democratic voters casting ballots via mail in 2024, compared to around one in four Republican voters. The lawsuit, filed by the attorneys general of 23 Democratic-controlled states, the governor of Pennsylvania, and Washington D.C., challenges the USPS rule's violation of the Voting Rights Act and the Privacy Act and its threat to undermine states' constitutional authority over elections.

The group also claims that the rule could lead to disenfranchisement due to administrative errors or technical failures.