With less than eight weeks left until the Nov. 3 midterm elections, a U.S. appeals court has refused to allow President Donald Trump’s administration to introduce controversial new rules for how mail-in voting will be conducted.
The First Circuit Court of Appeals in Boston, Massachusetts, decided Thursday not to lift an injunction against the rule that a lower court issued last week.
Recommended stories
list of 3 itemsend of list
The U.S. Supreme Court is currently considering a similar request.
At issue is a set of final rules released by the United States Postal Service (USPS) in late August that impose new requirements on mail-in voting.
The rule directs states to redesign mail-in ballots to include unique barcodes that can be scanned so the federal government can track them.
States will also be required to submit a list of voters who plan to receive a ballot by mail. The Postal Service would retain the right to “not send mail-in or absentee ballots” if the mailing does not comply with the new standards or if the voter in question is not on the submitted list.
The case, heard Thursday, involved a coalition of voting rights advocacy groups, including the League of Women Voters.
They argued that the new rules, backed by Republican Mr. Trump, would effectively disenfranchise some voters who rely on mail-in voting.
But the Trump administration insists the rules are necessary to ensure election security.
The U.S. Department of Justice asked an appeals court to lift the injunction, arguing that the plaintiffs’ lawsuit appears to be based on an unsubstantiated premise that the Postal Service intends to take control of election administration.
The report stressed that state election officials will have full control over who is allowed to vote by mail, and that the Postal Service’s role will be limited to ensuring mail-in ballot envelopes comply with “modest” new design requirements.
But the appeals court rejected the Trump administration’s motion to dismiss the injunction, citing the potential for confusion ahead of the midterm vote.
It also upheld portions of a lower court ruling handed down by U.S. District Judge Indira Talwani, an appointee of Democratic President Barack Obama.
“The district court made detailed findings about the disruption and widespread disenfranchisement that would occur between now and November 3 if the final rule went into immediate effect,” the appeals court said in Thursday’s decision.
The report cites issues such as the “impossibility in some states to reprint compliant envelopes” and the “herculean task” of scanning “tens of millions of ballot envelopes” by post offices using digital portals that are not yet operational.
The appellate court added: “There is no countervailing record evidence that challenges the district court’s findings on these points.”
Under the U.S. Constitution, election administration belongs to the states. But President Trump is calling for tighter voting restrictions ahead of the crucial midterm elections to combat allegations of election fraud.
But critics brand his actions an attempt to sway the outcome. President Trump’s Republican Party currently holds a majority in both houses of Congress. But as President Trump faces sagging poll numbers, Democrats are seeking to regain control of Congress.
All 50 states in the United States allow some form of mail-in voting. Twenty-nine states allow voters to request a mail-in ballot without providing a reason, and eight states conduct elections entirely by mail.
The legal battle over mail-in voting has been going on for weeks, creating uncertainty ahead of the vote.
In addition to voting advocacy groups challenging the new rules, a group of 24 states and the District of Columbia is also suing.
The U.S. Supreme Court last month struck down Judge Talwani’s earlier injunction blocking the rule from taking effect.
Last week, the Trump administration again filed an emergency motion with the high court asking for intervention and a stay of Talwani’s decision.
The new rules were enacted after President Trump issued an executive order in March that tightened regulations for voting by mail.
President Trump has also repeatedly falsely claimed that his loss in the 2020 presidential election was the result of widespread voter fraud.
An anonymous whistleblower statement released by Democratic Sen. Richard Blumenthal on Sept. 1 alleges that the Postal Service rushed to implement new rules, resulting in flaws in the system that could disrupt the delivery of mail-in ballots.
