U.S. Postal Service Still Blocked from Enforcing Key Parts of New Rule to Restrict Mail Ballots

The First Circuit Court of Appeals today kept in place through the Nov. 3 election a preliminary injunction blocking the U.S. Postal Service (USPS) from enforcing key parts of a new rule that would significantly interfere with mail voting if implemented.The Trump administration has also asked the U.S. Supreme Court to stay the injunction. A ruling is expected soon.

In issuing the injunction, the U.S. District Court in Boston found that the USPS rule was likely unconstitutional and unlawful — and that enforcing it would make voter disenfranchisement “practically inevitable.”

The First Circuit Court of Appeals reinforced the District Court’s findings, writing: “[T]he district court made detailed findings about the chaos and widespread disenfranchisement that would occur between now and November 3 should the [USPS] Rule take immediate effect, including the fact that it would be impossible for some States to reprint compliant envelopes; the likely delays in the required USPS envelope review process; the lack of a presently operative portal; and the herculean task that would confront the USPS in scanning tens of millions of ballot envelopes and reviewing for a match with information in the presently non-operative portal."

The injunction stems from a lawsuit 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 American Civil Liberties Union, ACLU of Massachusetts, Brennan Center for Justice at NYU Law, Legal Defense Fund (LDF), Asian Americans Advancing Justice – AAJC (Advancing Justice – AAJC), and LatinoJustice PRLDEF.

Plaintiffs and counsel jointly issued the following statement:

“The U.S. Postal Service is not the gatekeeper for mail ballots. It does not have that authority. And it cannot usurp election authority from the states and Congress. This decision rightly keeps in place an order blocking USPS from enforcing its disruptive and disenfranchising rule through the November election and preserves the current system, which has worked safely, securely, and reliably for decades.”