Federal Court Blocks USPS From Refusing Mail Ballots

A federal district court issued a preliminary injunction barring the Postal Service from enforcing key parts of a rule that would have refused to deliver some mail ballots in November.

A federal District Court issued a preliminary injunction blocking the U.S. Postal Service from enforcing key parts of a rule that would have operationalized President Trump's March 31 executive order restricting mail voting. Under the rule, USPS would have refused to deliver mail ballots to certain voters. The court found the rule likely unconstitutional and unlawful, saying enforcing it would make voter disenfranchisement "practically inevitable." The injunction runs through the November 3, 2026 election.

The ruling landed with ballots already going out. According to CalMatters, California counties are preparing to mail ballots by the state's Oct. 5 deadline regardless of the litigation, and county registrars say they have contingency plans in place. The Brennan Center reports the injunction blocks USPS from refusing to deliver ballots that do not comply with the rule's many requirements, though it allows states to voluntarily comply with certain parts. The First Circuit had already upheld a preliminary injunction on the same rule, per Law Commentary.

The Postal Service's August rule would have required states to follow specific federal guidelines for designing mail ballot envelopes, create unique barcodes for every ballot, and upload an advance list of all mail voters to a new federal portal that is not yet operational. Law Commentary reports that noncompliant election mail could be denied delivery, and that the First Circuit found the portal still was not operational when the case reached it. Dozens of state and local officials told the court compliance by November would be impossible.

The suit was filed by a coalition of nonpartisan civic organizations, including the League of Women Voters, the U.S. Vote Foundation, and Delta Sigma Theta Sorority, represented by the ACLU, the Brennan Center, the Legal Defense Fund and others. The court found plaintiffs faced imminent harm of disenfranchisement if mail ballots were not delivered, and noted there was no evidence on record of fraud in mail ballots. Only one state submitted a declaration claiming it would likely be able to comply, according to the Brennan Center.

According to Law Commentary, the Trump administration has filed an emergency application asking the Supreme Court to stay the injunction, with the Solicitor General filing a reply on September 10 and no ruling on the docket as of Friday. The underlying case raises a broader constitutional question over how far a president can use federal agencies to influence election procedures traditionally controlled by states under the Elections Clause. In the meantime, CalMatters reports California officials are urging voters to vote early and use drop boxes and in-person options.