Second Federal Judge Blocks Trump Administration Mail In Voting Restrictions

A second federal judge has blocked the Trump administration from implementing a new United States Postal Service rule that would tighten requirements for mail in voting. Washington based U.S. District Judge Carl Nichols granted a preliminary injunction following a request from the Democratic Party. Judge Nichols, who was appointed by Donald Trump, stated that the regulation exceeded the authority of the Postal Service and could make it harder for some individuals to vote by mail.

The rule would have required states to provide the USPS with lists of eligible mail ballot voters and to use unique barcodes on envelopes. The USPS would then have the power to refuse delivery to voters not on those lists or to states that did not comply. The Democratic Party argued that the rule was an unlawful intrusion into election administration, which they claim is the responsibility of the states and Congress.

Justice Department lawyers argued that the USPS was not seeking to seize control of federal elections and stated that the rule would not displace state election laws. This decision follows a September 4 order from Boston based U.S. District Judge Indira Talwani that also blocked the rule. The administration has asked the Supreme Court to pause that previous order, meaning the final decision likely rests with the high court.

The legal battle occurs as Republicans seek to retain control of both houses of Congress in the November 3 midterms. All 50 states currently allow some form of mail in voting.