Applaud Court Keeping Mail-In Voting Protections in Place

A federal appeals court has kept protections for mail-in voting in place ahead of the November midterms, rejecting requests to pause a lower court injunction that prevents the U.S. Postal Service from implementing new restrictions on ballot mail!

The USPS rule would impose new requirements on states that use the Postal Service to send and receive ballots. The First Circuit noted that the rule was issued shortly before states were scheduled to begin mailing ballots and could prevent millions of Americans from obtaining or returning their ballots if states could not comply in time.

The lower court concluded that the rule was likely unconstitutional because the Constitution gives states authority to administer elections, subject to changes imposed by Congress, and Congress had not authorized USPS to regulate the manner of elections. The appeals court has now declined to put that injunction on hold while the legal challenge continues.

With Election Day approaching, the ruling means the challenged portions of the new USPS requirements will remain blocked for now, preserving the existing mail-voting process while the courts consider the underlying dispute.

Applaud the First Circuit’s decision to keep the injunction protecting existing mail-voting procedures in place as voters and election officials prepare for the November midterms!