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

Washington — A federal appeals court on Thursday refused to pause a lower-court order blocking the Trump administration from enforcing new mail-ballot rules ahead of the midterms, marking the latest development in a legal fight that has already been brought to the Supreme Court.

In a nine-page opinion, a three-judge panel of the First Circuit Court of Appeals said the administration had not shown that the U.S. Postal Service rule could take effect without triggering the kind of “chaos and widespread voter disenfranchisement” that a lower court judge found earlier this month could occur before the November midterms.

“Indeed, appellants have not even seriously challenged this aspect of the district court’s ruling, much less demonstrated why it is clearly erroneous,” the panel wrote. The judges also noted that, despite President Trump’s repeated claims about widespread fraud in mail voting, “there is no record evidence of past fraud or a likelihood of impending fraud related to the November 3 election.”

Allowing the rule to go into force, the judges said, would “likely result in the disenfranchisement of millions of voters across the country while providing minimal — if any — gains in combating voter fraud.”

The panel was made up of Judges Gustavo A. Gelpí, Julie Rikelman and Seth Aframe, each of whom was appointed to the First Circuit by President Joe Biden.

“Appellants have not demonstrated entitlement to a stay. Most prominently, appellants have not made a strong showing that the district court erred in determining that the Final Rule is likely unlawful,” the panel wrote. “The district court concluded, and we agree, that the Final Rule is likely a regulation of the manner of holding elections for members of Congress, which the Elections Clause of the Constitution assigns to the States and Congress, and not to an executive agency, such as the Postal Service, acting without congressional authorization.”

U.S. District Judge Indira Talwani issued a preliminary injunction last week preventing the Postal Service from enforcing the rule. The administration then asked both the First Circuit and the Supreme Court to intervene. The Supreme Court has not yet acted on the administration’s request to stay the injunction.

In her ruling, Talwani concluded that the Postal Service requirements are likely unconstitutional and warned that the burden on states trying to comply so close to the November elections would “nearly guarantee[s] significant disenfranchisement for eligible voters.”

The final rule issued by the Postal Service requires states and localities to meet design requirements for mail ballots, including unique barcodes. They must also use an online portal to submit information about residents who will vote by mail, including their names, addresses and individualized barcodes.

Those voters will be enrolled with the Postal Service and included on state-specific “Mail-In and Absentee Participation Lists.”

The rule requires postal workers to review and verify ballot mail being sent to voters. 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.

Over the weekend, the Trump administration for the third time asked the Supreme Court to intervene in the case. In filings with the court on Thursday, Solicitor General D. John Sauer asked the court to stay Talwani’s “baseless injunction,” arguing the new rule “is a lawful exercise of USPS’s express statutory authority to regulate the design of envelopes and the information needed about addressees.”

Melissa Quinn

contributed to this report.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Manhattan prostitute pleads guilty to killing 3 men with fentanyl-laced drugs in robbery scheme

Manhattan Sex Worker Admits Fentanyl Robbery Plot Killed 3 Men

Manhattan woman pleads guilty in fentanyl-linked killings of three men A Manhattan…
Kamala Harris returns to campaign trail in two key California House races

Kamala Harris Rallies Democrats in Key California House Battles

Kamala Harris is reentering the California campaign arena, endorsing and raising support…
Surrogate who refused abortion takes fight to Supreme Court as baby's life hangs in balance

Surrogate Who Refused Abortion Takes Baby’s Life-or-Death Case to Supreme Court

A surrogate who refused a California couple’s alleged request to abort their…
WV principal 'set up cameras in girls' locker rooms,' watched them undress: suit

WV Principal Hid Cameras in Girls’ Locker Room, Suit Claims

A West Virginia school principal accused of planting recording devices in several…
9/11 first responder struggles with the 'eventual deaths' of his peers

9/11 First Responder Grapples With Deaths of Fellow Heroes

I have not worn a watch since September 11, 2001, when I…
Orange County football mom who stole $411,000 from high school team busted in FBI raid 

FBI Raids Orange County Football Mom in $411K Team Theft Case

A Southern California woman accused of betraying a community fundraising effort for…
'I relive 9/11 every single day:' World Trade Center hero William Rodriguez

9/11 Hero William Rodriguez Reveals His Daily WTC Trauma

In nearly two decades working as a custodian in the North Tower…
Lindsay Clancy fixation and alleged plot to poison husband emerge as accused mom claims psychosis

Lindsay Clancy Psychosis Claim: Husband Poison Plot Alleged

An Illinois mother charged in the strangulation death of her 2-year-old son…
Drone show recreates Twin Towers, honors 2,977 victims ahead of 25th anniversary of 9/11 attacks in New York

Drone Show Recreates Twin Towers in New York to Honor 2,977 Victims Ahead of 9/11’s 25th Anniversary

NEW YORK — The night sky above New York Harbor glowed Wednesday…
Blue-city police chief draws scrutiny after referring to known gun violence suspects as ‘trigger pullers’

Blue-City Police Chief Scrutinized Over Trigger Pullers Label

Seattle’s interim police chief used the phrase “trigger pullers” to describe known…
NTSB to release readout from cockpit voice recorder following Amazon cargo plane crash that killed 5

NTSB to Reveal Cockpit Clues in Amazon Cargo Plane Crash That Killed 5

Cockpit audio from the Amazon Air cargo jet that overshot a runway…
9/11 hero Welles Crowther's firehouse president reveals what shaped the 'man in the red bandana'

9/11 Hero Welles Crowther: Firehouse President Reveals What Shaped the ‘Man in the Red Bandana’

During a Tuesday ceremony, President Donald Trump posthumously awarded the Presidential Medal…