California and a coalition of other Democratic-led states sued again Wednesday to block the U.S. Postal Service from implementing new nationwide rules for mail ballots, arguing they usurp state authority over elections at President Trump’s behest, expose voter information unnecessarily and threaten chaos in the rapidly approaching November election.
The Postal Service formally issued a 95-page “final rule” on Friday asserting that it was amending its mailing standards for mail ballots in federal elections to comply with Trump’s March executive order.
Trump demanded the rule changes as part of a broader plan to combat what he alleges — without evidence — is widespread voter fraud in the U.S., including by noncitizens voting through the mail. Election experts say there is zero evidence of such problems existing at scale.
“This mail-in voting rule is an unlawful overreach that shows just how far President Trump will go to control elections, but as I’ve said before, this fight is far from over and we are confident that the facts and the law are on our side,” California Atty. Gen. Rob Bonta said in a statement.
“Donald Trump does not run elections. States do. And his latest attack on democracy is proof of how weak he has become,” said Gov. Gavin Newsom. “California will continue to lead the way in defending democracy — using every tool at our disposal and every minute in our day. This perilous moment in history demands no less from us.”
The new postal rules require states to submit lists of eligible voters — including their names and addresses — to the Postal Service, and to use new ballot envelopes with digital barcodes that would allow the Postal Service to identify and reject ballots that don’t match those lists.
The rules do not give the Postal Service authority to dictate which voters may appear on state lists. However, the rules do acknowledge that the lists would provide state voter data to federal law enforcement for the first time, and would put those authorities in “a better position to identify any potential issues regarding compliance with federal law that may merit further investigation.”
Trump’s March executive order also required the Department of Homeland Security to use available federal data to compile its own state lists of eligible citizen voters, ostensibly to compare them with the mail voter lists provided by the states to the Postal Service, and identify and pursue any ineligible voters.
Wednesday’s lawsuit follows a Monday decision by the U.S. Supreme Court that found an earlier challenge from the states was premature, in part because it sought court relief to a rule-making process that required nothing of the states and before the Postal Service had moved to implement any changes.
“On Monday, the U.S. Supreme Court declined to fully close the door on the President’s attempt to interfere in our election administration. Today, we’re taking legal action to stop this unlawful rule in its tracks and ensure that voters can exercise their constitutional right to vote,” Bonta said.
The White House did not immediately respond Wednesday to a request for comment on the latest lawsuit.
However, it has defended Trump’s executive order as overdue and badly needed to secure U.S. elections, and hailed the Supreme Court’s ruling allowing the rule-making to proceed as “a major win for the security of American elections.”
“These are commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders,” White House spokeswoman Lauren Bis said.
The high court allowed the Postal Service to move forward with its work to comply with Trump’s order, but explicitly noted that it had reached no conclusions as to the legality of the pending rules.
Trump administration officials have said they are pursuing fraudulent voters, and have warned state election officials that they could face legal consequences personally if they don’t do everything in their power to prevent voter fraud, including by noncitizens.
Critics contend Trump’s executive order was devised as an end run around laws and a slew of recent court rulings blocking the Trump administration’s demands for state voter rolls — which states, including California, have refused to provide.
States have argued the administration’s demands are in bad faith, intended to bolster Trump’s baseless claims that U.S. elections are compromised rather than enhance election security.
In issuing its new rules, the Postal Service rejected a slate of concerns from critics who submitted comments on the proposed rules, including that the changes are being proposed far too close to the November election and will cost states and localities a huge amount of money to comply with.
It also rejected concerns that creating a single nationwide voter database — which has never existed before — will provide a massive new target for foreign adversaries and other bad actors interested in disrupting U.S. elections.
The Postal Service concluded that the cost to the states is outweighed by the benefits of the changes. It said it has sufficient staffing to implement the changes, and is ready to safeguard the database it builds using “multi-layered security controls.”
The lawsuit, brought by 24 state attorneys general and the governor of Pennsylvania, asks for immediate court intervention to halt the Postal Service changes from being implemented while the litigation continues.
“Let’s be clear: the U.S. Constitution gives states the power to regulate elections — not the President and not USPS,” Bonta said. “Ballots are an extension of our voices and we’re asking the court to ensure that every person has the right to make theirs heard.”
Independent voting rights groups have also sued to block the Postal Service rules from being implemented.