Federal judge temporarily blocks USPS mail-voting rule challenged by New Mexico, 24 other states

A federal judge temporarily blocked a new USPS mail-voting rule after New Mexico and 24 other states argued the requirements could disrupt vote-by-mail systems before the November election.

Federal judge temporarily blocks USPS mail-voting rule challenged by New Mexico, 24 other states
A mail ballot and pen sit on a table. A federal judge has temporarily blocked a new U.S. Postal Service rule that would have imposed new requirements on states’ vote-by-mail systems ahead of the Nov. 3 election. (Tiffany Tertipes / Unsplash)

The court found states could not realistically comply with new federal ballot-design, voter-data and tracking requirements before the Nov. 3 election

Organ Mountain News report

ALBUQUERQUE - A federal judge has temporarily blocked a new U.S. Postal Service rule governing mail ballots after New Mexico and a coalition of other states argued the requirements could disrupt existing vote-by-mail systems weeks before the Nov. 3 election.

The U.S. District Court for the District of Massachusetts issued a temporary restraining order Friday preventing the rule from taking effect while litigation continues.

New Mexico Attorney General Raúl Torrez joined the lawsuit Wednesday with attorneys general from 24 other states and the governor of Pennsylvania.

The USPS rule would have required states to obtain federal approval of ballot and return-envelope designs, register for a new Postal Service tracking portal and enter information for voters eligible to vote by mail.

According to the New Mexico Department of Justice, the court found compliance before the November election was “practically impossible.”

States would have had to redesign and produce ballots, modify election systems, train election officials and upload voter information to the new federal portal. Some states have already ordered ballots and others are required to begin mailing them as early as next week, according to the court.

The court also found the requirements created a significant risk that eligible voters could be disenfranchised because the rule did not establish deadlines for states to submit ballot designs or guarantee how quickly USPS would approve them.

“The Postal Service’s rule was an unlawful overreach that threatened to upend years of proven, state-run vote-by-mail systems,” Torrez said. “No federal agency should be allowed to impose last-minute, unworkable mandates that jeopardize New Mexicans’ ability to cast their ballots safely and on time.”

The rule followed a March 31 executive order from President Donald Trump directing USPS to transmit mail ballots only to voters appearing on a national list of eligible voters.

USPS announced its implementing rule Aug. 21. Under the rule, states would be required to register voters eligible to vote by mail with USPS, which would compile state-specific lists. Ballots would not be delivered to voters who did not appear on those lists or if ballot envelopes failed to meet the new federal standards.

The states argue the rule exceeds USPS authority, conflicts with federal law and intrudes on states’ constitutional authority to administer elections.

The temporary restraining order does not resolve those claims. The coalition is seeking a preliminary injunction that would keep the rule from taking effect while the lawsuit proceeds toward a final decision.

The lawsuit is co-led by the attorneys general of California, Massachusetts, Nevada and Washington. New Mexico joined attorneys general from Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia and Wisconsin, along with Pennsylvania Gov. Josh Shapiro.

Keep Reading

Doña Ana County weighs legal options over Sunland Park annexation near jetport — Commissioners raised concerns about proposed development near the county jetport and discussed whether legal action could be used to preserve a buffer zone.

EBID seeks $55 million for Rio Grande channel work after Washington push — EBID is seeking federal money for sediment removal and channel maintenance, arguing that inadequate work along the Rio Grande is increasing flood risk and shifting costs to local communities.

NMSU approves $3.2 million replacement for 3,000-square-foot office — Regents approved a nearly $3.2 million replacement for a 3,000-square-foot administrative office at NMSU’s Leyendecker Plant Science Research Center.

Cut through the noise

Sign up for our free email newsletter to receive the latest headlines from Organ Mountain News