Boston, Massachusetts — A federal judge on Thursday temporarily blocked key parts of President Donald Trump’s executive order restricting mail-in voting, finding that the U.S. Postal Service likely lacks authority to impose new election requirements on states.
U.S. District Judge Indira Talwani issued a 14-day temporary restraining order preventing implementation of a Postal Service rule requiring states to provide voter lists and use federally specified, barcoded ballot envelopes. States that failed to comply could have faced refusal by USPS to deliver their ballots.
The decision comes days after the Supreme Court lifted Talwani’s earlier injunction, ruling that challenges to Trump’s executive order had been filed prematurely. The justices did not rule on whether the order itself is constitutional. After USPS issued a formal rule implementing Trump’s directive, Democratic-led states and voting-rights groups filed new challenges.
Talwani said states lacked sufficient time and resources to redesign ballot materials, modify computer systems and train election workers before ballots begin going out for the November midterms. She also cited the potential for eligible voters to be disenfranchised.
The administration argues the requirements strengthen election security, while opponents contend that the Constitution assigns election administration primarily to states and Congress.
A hearing on whether to extend the injunction is scheduled for Sept. 3.
Sources
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