Judge Weighs Extending Block on Trump Ballot Rule

Judge Weighs Extending Block on Trump Ballot Rule

Judge in robes weighing a ballot on a balance scale, engraving

The News

The news

A federal judge in Boston spent Thursday morning weighing whether to extend her block on a Postal Service plan to regulate mail ballots for the midterm elections — and told the Justice Department she has been given almost nothing to work with.

What the judge is deciding

The AP reports Talwani imposed a 14-day temporary restraining order last week barring use of the plan, and that the order expires next week as more states begin mailing ballots. The question in front of her is whether to extend that prohibition.

What is not established

Talwani has not extended the block. Reports that she "appeared ready" to do so describe her questions and remarks from the bench, not an order. No source reviewed for this article reports a ruling, a written decision, or a Supreme Court filing by the administration — only Velchik's statement that one is likely by the end of the week. The AP notes Trump has long opposed mail voting and has falsely blamed it for his 2020 loss, though he votes by mail himself.

Timeline

Talwani did not rule from the bench. The hearing came one day before the first state begins sending mail ballots to voters.

Friday

The clock

A few municipalities in Wisconsin sent mail ballots earlier this week, the AP reports, and North Carolina starts shipping ballots Friday to all voters who requested them. The Center Square reports Colorado is preparing to mail ballots to all of its registered voters as usual despite the litigation.

Reactions

"We are 70 days from the election and I have nothing from the USPS about how this will happen," U.S. District Judge Indira Talwani told Michael Velchik, the Justice Department lawyer representing the Postal Service, according to the Associated Press.

The Washington Examiner headlined its account of the hearing on a line it attributes to Talwani — "I'm not the final word" — and reported she appeared ready to extend the block. Raw Story, which put the argument at nearly two hours, described her as taken aback by a proposal to test the new rules on real voters in November.

The Washington Times reported that the lawyer for the Postal Service could not tell the judge whether the new ballot system is operational, one day before ballots begin going out.

What's Next

Velchik told Talwani the administration will most likely go to the Supreme Court by the end of the week to seek permission to resume implementing the plan, the AP reports. Bloomberg reports states are bracing for late-breaking developments in the fight, including possible intervention from the Supreme Court, less than 24 hours before a key mail-voting deadline.

More

How the case got here

Per the AP: Talwani blocked the administration from implementing President Trump's mail-ballot executive order for the November election back in June, ruling the changes came too close to voting. The Supreme Court held late last month that her order was premature because the Postal Service had not yet published regulations spelling out how it would apply the order. The agency published them just before that ruling came down, and Democrats and voting-rights groups re-filed. They won the restraining order, which the administration has already appealed.

What the rule would require

The AP reports that before delivering mail ballots for any state, the Postal Service would have to approve the design of the envelopes and have the state upload a list of the voters receiving them to an online portal. The AP reports the portal was still not active this week, and that most election offices have already printed their envelopes and ballots.

Velchik told the court the federal government is offering states the choice to opt into the system, according to the AP — which adds that the Postal Service has yet to identify a single state that has done so.

A whistleblower report made public this week warns the requirements could stop millions of mail ballots from ever being sent: under the rule, as the AP describes it, ballots must be physically brought to post offices, and if a single barcode registers an error the entire batch is thrown out.

Plaintiffs argue the president has no authority to set election rules, a power the Constitution assigns to the states and in some cases Congress. The administration has contended the changes are relatively minor and legal.

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