Trump Admin Asks Appeals Court To Halt Block On USPS Mail-In Ballot Rule

Authored by Aldgra Fredly via The Epoch Times,

The Trump administration filed an emergency motion on Aug. 31 seeking a stay of a judge’s ruling that blocked the U.S. Postal Service (USPS) from enforcing its requirements to tighten rules around mail-in voting.

The motion was filed in the U.S. Court of Appeals for the First Circuit shortly after U.S. District Judge Indira Talwani on Aug. 31 declined to pause her temporary restraining order. That order was issued on Aug. 28 in response to lawsuits from some states and voting rights groups challenging USPS’s final rule on mail-in ballots.

At the time, Talwani said the rule was likely unlawful and violated the U.S. Constitution, which gives states the authority to administer elections.

The Department of Justice (DOJ) disputed the finding in its motion, noting that the final rule is “ultimately a regulation of the U.S. mail, and a modest one at that – not a federal takeover of election administration by the Postal Service.”

“The rule’s improvements and modernizations of USPS’s infrastructure for supporting this particularly sensitive category of mail are fully consistent with USPS’s statutory and constitutional authority,” the DOJ stated.

The DOJ also said that keeping the temporary restraining order in place would cause the administration irreparable harm because some states are set to begin sending ballots during the two weeks the order is in effect.

“Because federal defendants face imminent irreparable harm as soon as states begin to mail ballots – as early as September 4 – the government also requests an administrative stay while this court considers this motion,” the department said.

Talwani on Aug. 31 rejected the DOJ’s request to lift the restraining order, saying the “late timing” of the changes to state election practices is contrary to the public’s need for “clear and settled” rules ahead of the Nov. 3 midterm elections, which are now just two months away.

The temporary restraining order, effective for 14 days, prevents the enforcement of certain sections of USPS’s final rule for elections before or on Nov. 3.

The Postal Service issued the final rule on Aug. 21 to implement an executive order President Donald Trump signed in March. In the order, Trump wrote that the federal government has a duty to maintain public confidence in election outcomes and that additional measures are needed to enhance election integrity through U.S. mail.

Under the agency’s rule, states must supply the agency with lists of mail ballot recipients, and all outbound and return ballot envelopes must bear unique barcodes.

The Postal Service, under the rule, may refuse to deliver ballots that do not comply with the new standards or are associated with voters who do not appear on the lists.

Naveen Athrappully contributed to this report.