A second US federal judge has blocked the Trump administration’s restrictions on mail-in voting, ruling that parts of the new regulations could make it more difficult for some voters to cast their ballots by mail.
Washington-based US District Judge Carl Nichols issued the decision late Sunday as Republicans seek to retain control of both chambers of Congress in the Nov 3 midterm elections.
Trump, who has repeatedly and falsely claimed that his defeat in the 2020 presidential election was caused by widespread voter fraud, has long advocated restrictions on mail-in voting despite frequently using the method himself.
Judge Nichols granted a preliminary injunction sought by the Democratic Party and organisations including the NAACP. The groups argued that the regulation represented an unlawful attempt by the federal government to interfere in states’ authority over election administration.
Nichols, who was appointed by Trump during his first presidential term, said the regulation could create additional obstacles for some voters seeking to cast ballots by mail. He also ruled that the new requirements exceeded the authority of the US Postal Service (USPS).
“No statute grants the Postal Service the power to issue key parts of the rule,” Nichols wrote in his ruling.
The US Department of Justice notified the 6-3 conservative-majority Supreme Court of the decision on Monday. It argued that Nichols’ order could ultimately be overturned if the justices rule in favour of the administration in an earlier appeal involving a similar ruling.
In a separate case, Boston-based US District Judge Indira Talwani blocked the regulation on Sept 4 following a challenge by Democratic-led states and voting rights organisations.
The Trump administration subsequently asked the Supreme Court to suspend that ruling to allow the USPS to implement the new requirements. The final decision on whether the restrictions can take effect is therefore likely to rest with the Supreme Court.
Under the proposed rules, states would be required to provide the USPS with lists of voters eligible to receive mail-in ballots. The regulations would also require unique barcodes on both outgoing and return ballot envelopes.
The USPS would have the authority to refuse delivery of ballots addressed to voters who were not included on the lists or in states that failed to meet the new requirements.
In an Aug 25 court filing urging Judge Nichols to block the rules, Democrats argued that the US Constitution gives states responsibility for administering elections, subject to congressional oversight, rather than the president or executive branch agencies.
They warned that the regulation could disenfranchise millions of eligible voters.
“Congress has enacted nothing to empower USPS or the President to interfere with States’ decisions about who should receive a mail ballot or how mail-ballot envelopes should be designed,” the Democrats said in their filing.
Justice Department lawyers defending the administration said the USPS was not attempting to take control of election administration. They maintained that states would continue to determine voter eligibility.
“The rule does not displace a single state election law. And it need not and should not prevent a single voter from voting by mail,” the lawyers said in a Sept 4 filing.
All 50 US states permit some form of mail-in voting. In 29 states, voters can request a mail ballot without providing a specific reason, while eight states conduct elections entirely by mail.
