Second Federal Judge Blocks Trump Mail-Ballot Rules as Supreme Court Weighs Legal Fight
A second federal judge has blocked the Trump administration from implementing new U.S. Postal Service requirements for mail-in ballots ahead of the November midterm elections, setting up another major legal battle as the Supreme Court considers a separate challenge to the same rules.
U.S. District Judge Carl Nichols in Washington issued a preliminary injunction late Sunday preventing the Postal Service from enforcing regulations introduced in August. Nichols, who was appointed to the federal bench by President Donald Trump during his first term, concluded that portions of the rule exceeded the Postal Service’s statutory authority.
The regulations would require state and local election officials to receive Postal Service approval for mail-ballot envelope designs and upload information identifying eligible mail voters to a federal online system. Ballot envelopes would also be required to contain voter-specific barcodes used during the mailing process.
Nichols determined that implementing the requirements so close to the election could result in otherwise valid absentee and mail-in ballots not being counted. He also concluded that federal law does not give the Postal Service authority to carry out key portions of the program.
The decision follows a separate injunction issued by U.S. District Judge Indira Talwani in Massachusetts. The Trump administration has asked the Supreme Court to lift Talwani’s order and allow the Postal Service regulations to take effect while litigation continues.
The legal dispute stems from an executive order Trump issued in March directing the Postal Service to establish new requirements governing mail ballots. The administration has argued that the measures are intended to improve election integrity and standardize procedures, while opponents contend that the executive branch and Postal Service are assuming authority over elections that they do not possess.
Timing has become a major issue in the litigation because states have already begun preparing and distributing ballots. Alabama, North Carolina and Wisconsin are among the states where mail ballots were already being sent as the latest court ruling was issued, with additional states preparing to begin distribution.
The Supreme Court previously allowed portions of Trump’s broader election executive order to proceed while making clear that its decision did not establish that subsequent Postal Service regulations would necessarily be lawful. The finalized USPS rule has now triggered a new round of lawsuits challenging the specific requirements.
With the November 3 midterms approaching, the Supreme Court’s handling of the administration’s emergency request could determine whether the new Postal Service requirements can be implemented for this year’s election. Until the injunctions are lifted or overturned, the challenged mail-ballot rules remain blocked.