States Say New USPS Requirements Give Federal Agency Unlawful Control Over Ballot Mail
New York Attorney General Letitia James and a coalition of state attorneys general are suing the Trump administration over newly finalized U.S. Postal Service rules governing mail-in ballots, opening another major election fight just weeks before ballots begin going out for the November midterms.
The lawsuit, filed Aug. 26, includes James and 23 other attorneys general along with Pennsylvania Gov. Josh Shapiro. The coalition argues the federal government is unlawfully inserting USPS into election administration traditionally controlled by states.
The challenge comes only days after the Supreme Court cleared an earlier legal obstacle that had prevented portions of President Donald Trump’s executive order from taking effect.
New USPS Rules Put Ballot Mail Under Greater Federal Oversight
Under the finalized system, state election officials must provide USPS with information identifying ballots being sent through the mail and comply with new requirements for ballot envelopes, including Intelligent Mail barcodes.
States also must submit ballot-envelope designs for review.
James and the coalition contend the requirements could result in lawful ballots being delayed or rejected when election officials fail to meet the new federal standards. They argue states could be forced to redesign envelopes, purchase new equipment, develop systems for transmitting ballot information and retrain workers only weeks before the election.
The Postal Service already recommends Intelligent Mail barcodes for election mail because they allow election officials and postal workers to better track ballots moving through the system. The new dispute centers on making federal requirements part of the process rather than leaving their use largely to election administrators.
The federal government has disputed some of the states’ characterization of the finalized rule. In a Supreme Court filing, the administration said USPS would not determine whether individual voters are eligible to vote and described the agency’s role as checking whether ballot mail complies with its envelope and mailing requirements.
Supreme Court Decision Opened Door to New Challenge
The latest lawsuit follows the Supreme Court’s Aug. 24 decision allowing the administration to move forward after finding an earlier state challenge had been brought before the federal requirements were finalized.
The ruling did not determine whether Trump’s mail-voting policies are ultimately constitutional.
As previously reported, the decision instead lifted an injunction while litigation over the administration’s authority continued.
Trump’s March executive order directed the federal government to impose additional requirements on mail ballots used in federal elections. Among other provisions, it called for new markings and barcodes on ballot envelopes and greater coordination between state election officials and USPS.
Related: Supreme Court Clears Path for Trump Mail Voting Restrictions Before Midterms
Now that USPS has finalized its rule, the states have returned to court with a challenge aimed directly at the agency’s regulations.
James argues the rule crosses a constitutional line.
“States have the constitutional authority to run our elections,” her office said in announcing the lawsuit, arguing that USPS cannot be given the power to interfere with ballots that are valid under state law.
The case leaves election administrators facing another compressed legal timeline as the November election approaches.
A hearing on the renewed challenge is scheduled for Sept. 3.
