Judge Blocks USPS Mail-Ballot Rules Through Nov. 3
Judge Blocks USPS Mail-Ballot Rules Through Nov. 3
The News
A federal judge in Boston barred the U.S. Postal Service on Friday from enforcing its new mail-ballot rules for the Nov. 3 midterm elections, replacing a two-week emergency order with a longer-lasting preliminary injunction.
U.S. District Judge Indira Talwani found the challengers are likely to win their argument that the Postal Service has no authority over how states run federal elections, and that forcing compliance this late would disenfranchise voters.
"[T]he court finds, on one side, that immediate implementation of the Final Rule issued less than seventy days before the November 2026 election threatens disenfranchisement of millions of United States citizens who seek to vote by mail," Talwani wrote, "on the other side, that the record includes no evidence relating to fraudulent mail voting to support the rushed implementation of the Final Rule."
She refused the Justice Department's request to pause her own order while the government appeals. The administration told her Friday it would take the ruling to the 1st U.S. Circuit Court of Appeals, PBS NewsHour reported.
What Is Blocked
The injunction stops the portions of the USPS rule that implement President Trump's March 31 executive order, "Ensuring Citizenship Verification and Integrity in Federal Elections."
Under the rule, mail ballots would have to be stamped with official Election Mail markings and sent in automation-compatible envelopes carrying unique Intelligent Mail barcodes, with envelope designs submitted to the Postal Service for advance approval, according to the Washington Examiner.
Election officials would also have to create accounts on a new USPS electronic portal, certify that their ballot designs were approved, and upload each voter's name, address and barcode. The Postal Service could then refuse to deliver ballots that did not match.
The block runs against the Postal Service, so the rule cannot be enforced against any state. Talwani's order still lets states adopt the new system voluntarily if they want to — and, as of Friday, not a single state had announced that it will, PBS reported.
How Long It Runs
The injunction keeps the restrictions from taking effect for elections through Nov. 3 while the underlying case continues, the Washington Examiner reported. It does not strike the rule down permanently.
Talwani limited the relief to this year's elections, writing that "the Final Rule imposes no irreparable harm as to later elections and judicial challenges may be addressed in the normal course," NBC News reported.
Timeline
Trump signs the executive order directing tighter federal controls on mail voting, including a role for the Department of Homeland Security in building lists of eligible citizen voters. Democratic-led states and voting rights groups sue.
Talwani places an initial hold on the order, barring implementation until after November.
The Supreme Court lifts that order in an unsigned 6-3 ruling, finding the suits premature because USPS had not yet issued a final rule. The justices pointedly did not say the policy was lawful: "The court's disposition of this application does not mean that any measure taken by the Government to implement the order will necessarily be lawful. On that score, time will tell." USPS finalizes the rule and the challengers re-file.
Talwani issues a temporary restraining order blocking the requirements for 14 days while she weighs longer relief.
A Postal Service whistleblower alleges the agency's new computer systems for the project are rushed and fundamentally flawed, the Los Angeles Times reported.
The Justice Department files an emergency application at the Supreme Court asking the justices to let the rule take effect despite Talwani's restraining order. Talwani holds a contentious hearing in Boston; a top USPS official acknowledges the portal is unfinished.
North Carolina begins mailing its first ballots, as state law requires. Talwani issues the preliminary injunction.
Reactions
California Attorney General Rob Bonta, whose office is helping lead the states' challenge, told the Los Angeles Times: "We've now secured longer-term relief that will keep the USPS changes blocked while our case moves forward. We will continue to take all steps to stop the Trump Administration from trampling on voting rights and restricting mail voting."
Bonta spokesman Walter Garcia said the Justice Department had "flouted standard procedural rules" by going to the Supreme Court before the lower courts ruled. "It defies common sense that they would seek emergency relief from the U.S. Supreme Court when USPS is unprepared to implement the rule now," he said.
Solicitor General John Sauer, in the administration's Supreme Court filing, argued the judge — not the government — was causing confusion, and that letting states comply voluntarily "risks sowing confusion and chaos because it makes those preparatory steps voluntary, and not mandatory." Sauer called the changes "modest" and urged the justices to grant "an immediate stay, making clear to States that they should begin efforts to comply if they have not done so already."
North Carolina Attorney General Jeff Jackson, a Democrat, said Thursday that a ruling for the administration would "throw our election into chaos." He added: "The ballots are printed, the process is underway, and North Carolinians deserve a lawful and orderly election."
The White House did not immediately respond to a message seeking comment, PBS NewsHour reported.
What's Next
The administration told Talwani on Friday that it would appeal the preliminary injunction to the 1st Circuit. The Frank has not confirmed a docketed notice of appeal for this ruling and is not reporting one as filed.
Separately, the government's emergency application at the Supreme Court — aimed at Talwani's earlier restraining order — remains pending before the justices.
Because Talwani denied a stay of her own order, the block stands unless a higher court lifts it. More states begin mailing ballots in the coming days.
More
Nearly one-third of U.S. voters cast mail ballots, and election officials across the country told the court there is not enough time to rebuild their systems around the USPS directives. Talwani cited them directly, writing that plaintiff states "are required under state law to mail millions of ballots to voters on a prescribed timeframe" and "are unable to pivot this late in the election cycle, nearly guaranteeing significant disenfranchisement for eligible voters."
She wrote that the states "have neither time nor funds to design new mail ballots, seek approval of the new designs, order production of mail ballots, update their own election management systems, train election officials to use the USPS portal, and upload citizen data to the portal, all before the midterms."
California, which by state law mails a ballot to every registered voter, has led the challenge; more than 80% of California voters have used mail ballots in recent elections, the Los Angeles Times reported. A dozen conservative-led states backed the Postal Service in court.
Trump has said the changes are needed to combat voter fraud, including by illegal immigrants. Independent election experts say there is no evidence of such fraud in large numbers, and Talwani found the record before her contained no evidence of fraudulent mail voting.
Poll
Should the Postal Service be able to set rules for how states mail ballots?
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