Maryland Attorney General Joins Multistate Lawsuit Against USPS Over Vote-by-Mail Rule

Maryland Attorney General Anthony G. Brown has joined a coalition of 25 other states in filing a lawsuit against the United States Postal Service (USPS). The legal action challenges a recently implemented USPS rule that, according to the coalition, attempts to grant the postal service authority to regulate mail-in voting procedures across the nation. The lawsuit contends that this rule poses a significant risk of disenfranchising eligible voters by imposing unworkable timelines and requirements on states for administering their vote-by-mail programs.

The core of the legal challenge centers on a new USPS rule announced on August 21, which is presented as an implementation of a March 31 Executive Order. This Executive Order directed the Department of Homeland Security to create a national list of eligible voters and instructed the USPS to transmit mail ballots exclusively to individuals on this designated list. The USPS rule, as outlined, mandates that states must register every voter eligible for mail-in ballots with the USPS. Furthermore, it requires the USPS to compile these registered voters into state-specific lists. The rule also introduces new design specifications for mail-in ballot envelopes, which states must adhere to and submit to the USPS for approval. Under these new provisions, the USPS would reportedly not deliver ballots to voters not appearing on USPS-generated lists or those sent in non-compliant envelopes.

The coalition of states argues that this USPS rule would cause substantial and irreversible harm. They assert that the burdensome requirements and compressed timelines, particularly with the general election season imminent, will prevent states from effectively managing their mail voting systems. States would be forced to incur costs associated with redesigning their mail ballot envelopes and obtaining USPS approval before they can even register their mail voters. Within a very short timeframe and without additional resources, state election officials would also need to develop new systems to transmit voter lists to the USPS, and create new guidance, training, and public education materials to inform election workers and voters about the sweeping changes. The states also point out that even if these significant administrative and financial hurdles are overcome, the new procedures could still lead to eligible voters not receiving their ballots due to administrative errors or flaws inherent in the rushed and untested system.

The lawsuit contends that the USPS rule infringes upon the constitutional authority of states to administer their own elections. It is argued that the rule is inconsistent with the USPS’s statutory mandates, ignores established procedural requirements for the postal service, violates the Privacy Act, and conflicts with federal voting rights laws. The coalition is seeking a court order to invalidate the rule and obtain a temporary restraining order to prevent its enforcement while the litigation is ongoing. The states also highlight that voting by mail has become increasingly common, with a significant number of voters in the 2024 general election casting their ballots by mail. Historically, Congress has not used its authority to restrict mail voting, and has instead acted to expand protections for military and overseas voters. Congress has also not granted the USPS the power to oversee or control the transmission of mail ballots.

This legal action follows a previous lawsuit filed by Attorney General Brown and a coalition of 24 states in April, which sought to block the Executive Order that led to the creation of the USPS rule. While that earlier suit was successful, the injunctive relief was stayed by the Supreme Court pending an appeal. The states involved in the current lawsuit, co-led by the attorneys general of California, Massachusetts, Nevada, and Washington, include Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaiʻi, Illinois, Maine, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin, as well as the Governor of Pennsylvania.

The USPS rule represents what the coalition views as the latest effort by the Trump administration to assert federal control over election administration, thereby encroaching on states’ constitutional responsibilities. The widespread reliance on mail-in ballots across the country means that any disruption to these established procedures could impact millions of voters. States now face the immediate challenge of complying with the new USPS demands or continuing to challenge them in court, with the outcome potentially affecting how voters cast their ballots in upcoming elections.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office

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