Judge temporarily blocks new Postal Service rules for mail voting

A federal judge has temporarily blocked the U.S. Postal Service from enforcing new requirements for mail voting ahead of the November midterm elections. U.S. District Judge Indira Talwani issued the order, marking the latest development in the legal challenges surrounding President Trump's efforts to tighten mail voting rules.

This legal battle intensified after the Supreme Court halted a previous decision that had blocked the Trump administration's implementation of an executive order aimed at restricting mail voting. Following the Supreme Court's ruling, a coalition of two dozen states and the District of Columbia filed a new lawsuit challenging the Postal Service's rule, which was published last week. Voting rights groups also contested the new requirements, arguing that Congress has not authorized the Postal Service to set rules for federal elections or mail voting, asserting that the Constitution grants states the power to administer elections.

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Based on the record presently before the court, Plaintiff States face irreparable harm where they are required to comply with a likely unconstitutional regulation for which compliance is practically impossible as to the 2026 midterm elections, now little more than two months away.

Judge Talwani agreed to halt enforcement of several key provisions for 14 days, stating that "Plaintiff States face irreparable harm where they are required to comply with a likely unconstitutional regulation for which compliance is practically impossible as to the 2026 midterm elections, now little more than two months away." She noted that many states have already ordered their mail ballots and are legally required to send them to voters as early as the following week.

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Most Plaintiff States have already ordered their mail ballots, and some are required by state law to send them to eligible voters as early as next week.

The judge emphasized the logistical challenges, stating that states "have neither time nor funds to design new mail ballots, seek approval of the new designs, order production of mail ballots, update their own election management systems, train election officials to use the USPS portal, and upload citizen data to the portal, all before the midterms." Talwani concluded that Congress did not delegate authority to the Postal Service to regulate election mail and found that the states are likely to succeed in their arguments that the agency lacked the authority to issue the rule, deeming it likely unconstitutional.

The Justice Department is expected to appeal the decision, and the challenge to the new mail voting restrictions could potentially reach the Supreme Court.

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The states have neither time nor funds to design new mail ballots, seek approval of the new designs, order production of mail ballots, update their own election management systems, train election officials to use the USPS portal, and upload citizen data to the portal, all before the midterms.