Q&A: Stopping the Postal Service Plan to Impede Mail-In Voting
- What is this case about and how was it resolved?
This case was filed in 2020 by the NAACP to challenge U.S. Postal Service practices that were causing delivery delays and threatening to interfere with the timely delivery of mailed absentee ballots for the 2020 election. In 2021, the case settled with a historic agreement, in effect through 2028, premised on the Postal Service’s commitment to prioritize the timely delivery of election mail. - How does the Postal Service’s proposed rule relate to the 2021 settlement agreement?
Under the proposed rule, the Postal Service would refuse to deliver mail-in ballots to voters whose names did not appear on new government lists. It would also refuse to deliver ballots to all voters in states that did not provide lists and use a specified envelope design. The proposed rule is incompatible with the Postal Service’s commitment to prioritize the timely delivery of all election mail. - How does this case relate to other similar USPS litigation?
Several pending lawsuits challenge a Trump executive order that, to impede mail voting, directed the Postal Service to issue this rule. In one of those lawsuits, brought by 23 States and the District of Columbia, a federal judge issued an order blocking the Postal Service from implementing the proposed rule in those States and in DC. By contrast, this case concerns the Postal Service rule, not the executive order as a whole, and the judge’s order in this case halts the rule in its entirety. - How would this rule, if implemented, impact upcoming elections?
The proposed practices and procedures, if finalized, would undermine the healthy functioning of American democracy by disenfranchising likely millions of the many voters who rely on vote by mail, particularly voters with disability or lack of access to transportation. Because the rule is administratively unworkable, it would cause chaos, confusion, and delay during the midterm election. - What comes next?
Today’s ruling from the court prohibits the Postal Service from implementing the proposed rule. The Postal Service has not indicated whether it will appeal the ruling.