U.S. District Court Judge Indira Talwani on Friday extended a preliminary injunction that blocks the U.S. Postal Service from implementing President Donald Trump’s executive order aimed at restricting mail-in voting for the upcoming midterm elections. The ruling marks another significant hurdle for the administration as some states begin issuing mail ballots.
Talwani, appointed by President Barack Obama, cited the critical timeline in her decision. "Plaintiff States are required under state law to mail millions of ballots to voters on a prescribed timeframe. As detailed below, they are unable to pivot this late in the election cycle, nearly guaranteeing significant disenfranchisement for eligible voters," she wrote.
The legal challenge could have substantial consequences for the elections, where control of Congress is at stake. Nearly a third of American voters cast ballots by mail, and election officials have stated there is insufficient time to adapt their systems to comply with the directives from the Postal Service.
North Carolina started sending out its first mail ballots on Friday, with more states expected to follow suit. The Trump administration has already requested the Supreme Court to overturn Talwani's earlier temporary order and is likely to appeal this latest ruling.
Trump has frequently advocated for restricting mail voting, despite his own use of the method for casting his ballot. He has baselessly attributed his 2020 election loss to mail balloting and spread unsubstantiated claims of fraud, yet has been unable to alter the established voting procedures.
An executive order issued by Trump last year that proposed changes to election rules, including a requirement for documentary proof of citizenship for voter registration, was previously halted by federal judges. The judges ruled that the Constitution grants states, and in some instances Congress, the authority to set voting procedures, not the president.
Following Trump's March executive order on mail voting, Democrats and voting rights organizations filed multiple lawsuits. Two of these cases were consolidated before Talwani, who initially placed a hold on the order in June, preventing its enforcement until after the November elections. The Supreme Court later overturned that temporary order, noting that the lawsuits were filed prematurely before the Postal Service had issued its rule for implementing the executive order. The rule was released shortly before the Supreme Court's decision, prompting the plaintiffs to refile their suits.
The White House has not yet responded to requests for comment. The current order permits states to voluntarily adopt the Postal Service's new system, though no state has announced plans to do so.
