States Challenge Trump Administration’s Postal Service Voting Rules

Illinois joined over 20 other states on Wednesday in taking legal action against President Donald Trump’s plans to involve the U.S. Postal Service in managing mail-in voting shortly before the midterm elections. This initiative seeks to make the Postal Service the authority on mail-in ballots, a move the states are challenging in court.

The lawsuit emerged as the Postal Service, under Trump’s instructions, released rules requiring states to submit lists of eligible mail voters to the agency. States also need Postal Service approval for envelope designs and tracking methods. Voters not recognized by the Postal Service would not receive ballots, and ballots with unapproved envelopes might not be delivered.

“The rule I am challenging today is yet another unlawful attempt by the Trump administration to control state voting systems,” stated Illinois Attorney General Kwame Raoul. This challenge was filed in federal court in Boston, where previous suits against Trump’s mail-in ballot efforts have also been filed. Raoul emphasized the urgency, noting the proximity to the midterm elections, and criticized the administration for attempting to disrupt voter access.

Voting by mail in Illinois is set to begin on September 24. This legal challenge follows a U.S. Supreme Court decision earlier that month, which dismissed a similar case brought by the same states. The court regarded that legal action as premature, as the Postal Service had not implemented Trump’s executive order at the time. However, the court indicated that states could challenge if the Postal Service rules caused harm.

In their constitutional argument against the Postal Service rules, the states assert that state law dictates voter qualifications and ballot acceptance. The lawsuit points out that election oversight is primarily a state responsibility, subject only to congressional preemption.

The lawsuit highlights Trump’s consistent opposition to mail-in voting, despite using it himself. Trump falsely attributed his 2020 election loss to fraud involving mail ballots, a claim refuted in the lawsuit, which stresses that neither Trump nor the Postal Service has constitutional authority to impose election rules.

Trump’s social media assertions that states act as federal agents in elections, doing the President’s bidding, are cited as false in the lawsuit. The initiative is not only challenged constitutionally but also claimed to violate the Voting Rights Act and laws safeguarding privacy and mail delivery.

Nearing 1 million out of 5.7 million votes in Illinois were cast by mail in the 2024 election, with mail voting nearly double during the 2020 pandemic year, according to State Board of Elections data.