Approximately two dozen Democratic-controlled states have filed a new lawsuit challenging an executive order by President Donald Trump that seeks to limit mail voting in the upcoming midterm elections. The action, filed against the U.S. Postal Service, marks a new phase of litigation following a Supreme Court ruling that dismissed a previous challenge as premature.
Election officials warn that the new rule, published by the administration on Friday, will be impossible to implement in the limited time before the first wave of mail ballots are sent out next week. The rule requires states to obtain federal approval for the design of their mail ballot envelopes and provide the Postal Service with a list of eligible voters if they want their ballots delivered.
New York Attorney General Letitia James, among the 25 Democratic attorneys general involved, stated that the federal government is attempting to interfere with election preparations and potentially jeopardize voting rights. She asserted that the Postal Service does not have the authority to determine who can and cannot vote by mail.
Trump has consistently targeted mail voting, which he has falsely blamed for his 2020 election loss and is disproportionately used by Democrats. He has sought to assert authority over election rules since returning to office, advocating for Republicans to oversee vote counting in Democratic areas. Previous attempts to alter voting procedures include an executive order requiring proof of citizenship to vote and a stalled election bill in the Senate.
This latest lawsuit follows a U.S. District Court ruling in Boston, where Judge Indira Talwani found that the administration's mail ballot rule violated a previous injunction against the Postal Service enacting Trump's order. However, Talwani did not take immediate action against the government. Her prior injunction on Trump's executive order was issued in a case that the Supreme Court overturned on Monday. She has yet to rule on the administration's request to revoke her second injunction, which was filed on August 11 by the League of Women Voters and other voting rights groups.