Judge extends block restricting USPS mail-in ballot rule

U.S. District Judge Indira Talwani, appointed by former President Barack Obama, granted a preliminary injunction against portions of the USPS rule, finding the challengers were likely to succeed in arguing that the service overstepped its authority.The decision replaces a temporary restraining order Talwani issued Aug. 27, which blocked the requirements for 14 days while the court considered whether longer-lasting relief was warranted. The preliminary injunction keeps the restrictions from taking effect for elections through Nov. 3 as the case continues. The dispute stems from a rule USPS issued in August to implement portions of President Donald Trump’s March executive order aimed at tightening rules surrounding mail-in voting.The rule would require mail-in ballots to be stamped with official Election Mail markings and to be sent inside automation-compatible envelopes with unique Intelligent Mail barcodes. Election officials would submit voters’ names, addresses, and corresponding barcode information through a federal portal. The policy is intended to help USPS track mail-in ballots more closely and to ensure ballots are sent only to eligible voters.Talwani found that the plaintiffs challenging the rule are likely to succeed because the elections clause of the Constitution grants authority over federal elections to the states, subject to Congress’s legislative intervention. USPS, as part of the executive branch, does not have the authority to regulate states’ handling of federal elections, in Talwani’s view.The judge also found that implementing the rule so close to the election could cause significant disruptions. States have already printed millions of ballots and envelopes, while the USPS portal required under the rule was not yet operational as of this week.CONSIDER THE SOURCE: WHAT TO KNOW ABOUT USPS MAIL-IN BALLOT RULE AMID WHISTLEBLOWER CLAIMSThe ruling does not permanently strike down the USPS rule or resolve the underlying lawsuit brought on by the Democrat-led states and voting organizations. Instead, it preserves the existing mail-in ballot system through the midterm elections while the courts consider the broader legal challenge.The Trump administration has already asked higher courts to intervene in the dispute. The Supreme Court lifted an injunction last month after concluding the challenge was premature because USPS had not issued a final rule. The justices did not decide whether the eventual policy would be lawful. The challengers returned to court after the final rule was issued.