A second federal court has halted the Trump administration’s new mail ballot requirements as states begin sending ballots for the midterm elections.
U.S. District Judge Carl Nichols in Washington issued the preliminary injunction late Sunday. Meanwhile, the Supreme Court is considering the administration’s challenge to a separate injunction issued by a federal judge in Boston.
The Postal Service adopted the rule Aug. 21 after Trump directed the agency earlier this year to develop new requirements for federal ballot mail. The rule requires ballot envelope designs to receive Postal Service approval before they’re used.
The rule would also require election officials to upload information identifying mail-ballot recipients to a new federal portal before ballots are sent.
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Nichols concluded that major portions of the rule likely exceeded the authority Congress gave the Postal Service. He also found that enforcing the requirements this close to the election could increase the risk of otherwise valid absentee or mail-in ballots going uncounted.
Timing drives the concern
The Postal Service issued the rule Aug. 21, just weeks before some states were scheduled to begin sending ballots.
By Sunday, Alabama, North Carolina and Wisconsin were already sending mail ballots, with more states set to follow this week.
The court record includes warnings that election offices would have to redesign or reprint envelopes, wait for Postal Service approval and prepare to use a federal portal that was not yet operational. Officials warned the changes could lead to delays and mistakes.
The administration says the requirements are intended to strengthen confidence in mail voting and improve the efficiency of Postal Service operations.
For now, separate federal court orders in Washington and Boston are blocking the Postal Service from enforcing the rule. The Supreme Court is considering the administration’s challenge to the Boston injunction.