States Challenge Trump Administration’s Postal Service Voter Rules

States Sue Over Postal Service Election Rule

Illinois, joined by over two dozen other states, filed a lawsuit on Wednesday seeking to prevent President Donald Trump’s attempt to involve the U.S. Postal Service in the nation’s election system weeks before the midterm elections. The lawsuit challenges recently published rules by the Postal Service, following Trump’s direction, that require states to provide lists of voters eligible for mail-in ballots and to seek approval for envelope design and tracking standards. Under these rules, voters not listed would not receive ballots and ballots in unapproved envelopes would not be delivered.

Attorney General Reacts

Illinois Attorney General Kwame Raoul described the rule as an unlawful attempt by the Trump administration to control state voting systems. Raoul emphasized the urgency of seeking emergency relief to prevent disruption to citizens’ access to voting. The lawsuit was filed in federal court in Boston, where previous challenges to Trump’s efforts have been made.

Timing and Previous Challenges

The legal action occurs less than a month before mail voting begins in Illinois on September 24. It follows the U.S. Supreme Court’s dismissal of a similar challenge in March, which was deemed premature since the Postal Service had not yet applied Trump’s executive order. However, the Supreme Court indicated that states could contest the rule if it caused harm. The lawsuit contesting the Postal Service rules emphasizes that deciding who is a qualified voter and whether a ballot is valid are matters of state law.

Constitutional and Legislative Concerns

The Constitution assigns states primary responsibility for managing elections, subject only to Congress’s preemption specifically regarding the ‘manner’ of elections. According to the lawsuit, Congress has not empowered USPS to establish rules for federal elections or mail voting. Although Trump has forcefully opposed mail-in voting, the lawsuit asserts that neither he nor USPS possesses constitutional authority to create or modify laws for federal elections or mail voting. The lawsuit also claims that the Postal Service’s rules infringe upon the federal Voting Rights Act, privacy laws, and universal mail delivery requirements.

Impact of Mail-In Voting

In the 2024 general election in Illinois, nearly 1 million out of 5.7 million votes were submitted via mail. During the 2020 pandemic year, the number of mail-in votes was nearly double. The lawsuit highlights these figures to underline the significance of mail voting in Illinois.