talwani

Sept. 3, 2026 9 AM PT

BOSTON — A federal judge in Boston said Thursday the U.S. Postal Service has told her nothing about how it would implement a plan to regulate mail ballots for the midterms as she considers whether to let the plan proceed in the weeks before Election Day.

U.S. District Court Judge Indira Talwani is deciding whether to extend her prohibition on the proposed regulation of mail ballots, an effort undertaken as part of an executive order by President Trump. The hearing in the closely watched case came a day before the first state begins sending mail ballots to voters.

“We are 70 days from the election and I have nothing from the USPS about how this will happen,” Talwani told Michael Velchik, the Justice Department lawyer representing the Postal Service.

Last week, Talwani imposed a 14-day temporary restraining order to keep it from being used. That order expires next week as more states begin sending out mail ballots. Velchik said the administration will most likely go to the Supreme Court by the end of the week to seek permission to resume implementing the plan.

Talwani has been here before. In June, she prohibited the administration from implementing Trump’s order for the November election, ruling the changes came too close to voting for the federal government to embark on such a project.

But the Supreme Court late last month ruled that Talwani’s order was premature because the Postal Service had not yet published regulations governing how it would apply Trump’s order. The agency did so just before the high court ruling came down, prompting Democrats and voting rights groups to swiftly re-file their lawsuits.

They counter that the president has no authority to set election rules, which is a power designated in the Constitution to the states and in some cases Congress.

They won an initial victory with Talwani’s restraining order, which has already been appealed by the administration.

Trump has long opposed mail voting and falsely blamed it for his 2020 election loss to Democrat Joe Biden, even though he often uses that method to cast his own ballot.

Election officials say there’s simply no way they can comply with the Postal Service directives, which could require a complete overhaul of their operations. Before it delivers mail ballots for any state, the Postal Service would have to approve the design of the envelopes that contain them and have the state upload a list of voters receiving them to an online portal.

Some ballots have already gone out. A few municipalities in Wisconsin opted to send mail ballots to voters earlier this week, but Friday marks the full kickoff of voting as North Carolina starts shipping its mail ballots to all voters who requested them.

The administration has contended the changes are relatively minor and legal. But the portal was still not active this week, and most election offices have already printed their envelopes and ballots.

Velchik told Talwani that the federal government is offering states the choice to opt into the system. But the Postal Service has yet to identify a single state that has done so.

A whistleblower report made public this week warns that the postal system’s requirements could lead to millions of mail ballots never being sent. The new rule requires all ballots to be physically brought to post offices before being mailed to voters, but if a single one’s bar code registers an error, the whole batch gets thrown out, even if it contains tens of thousands of legitimate ballots.

Riccardi and Casey write for the Associated Press. Riccardi reported from Denver.

The U.S. Postal Service is poised to launch a hastily built, error-riddled computer system that could jeopardize the process of mail voting relied upon by one-third of all voters, according to a whistleblower statement released Tuesday by Democratic Sen. Richard Blumenthal.

The effort is part of the implementation of President Trump’s executive order limiting mail voting and has been temporarily halted by a federal judge. The ruling is being appealed by the administration and the directive may ultimately end up back before the U.S. Supreme Court.

The disclosure from the unidentified whistleblower contends that the Postal Service has been scrambling to try to build a complex system that would normally take a year or more in only three months, sometimes in defiance of the judge’s orders halting work. The goal is to have it ready for use in the midterm elections.

The disclosure contends that, due to the new procedures, a single scanning error in a batch of tens of thousands of ballot envelopes could prevent any from reaching voters. It details a system that election officials have already warned could not be implemented before the first mail ballots begin going out Friday in North Carolina.

“The Postal Service has designed a system to disenfranchise millions of Americans,” Blumenthal told reporters in advance of releasing the whistleblower information. “This administration seems hell-bent on changing the framework on casting ballots in this country clearly for political reasons.”

Executive order is subject to furious court action with midterms nearing

Trump’s executive order, signed in March, directed U.S. Citizenship and Immigration Services and the commissioner of the Social Security Administration to develop state citizenship lists and then required the Postal Service to send mail ballots only to voters who are on such a list. Ballot envelopes would have to comply with new Postal Service rules and include bar codes.

The online portal that is the subject of the whistleblower complaint is intended for states to deliver their lists of verified voters to the Postal Service.

The Postal Service did not comment on Monday night. The White House did not immediately respond to a request for comment Tuesday. The White House has called the mail voting provisions “commonsense measures” necessary to combat fraud.

Trump has long opposed voting by mail, even though he has repeatedly used the method to cast his own ballot. He falsely blamed mail voting for his 2020 election loss and has spent years spreading conspiracy theories about it. A report by the Brookings Institution published in 2025 found that mail voting fraud occurred in only about four cases out of every 10 million mail ballots cast.

Since returning to office, Trump has said Republicans should be “taking over” vote counting in Democratic areas and launched a sweeping attempt to reinvestigate the 2020 election, despite a mountain of evidence that he lost fairly to Democrat Joe Biden.

Until Trump came out against mail voting in 2020, the system was used equally by both parties. Since then, it has become more common among Democratic voters. More than 29% of all voters in 2024 cast their ballots through the mail.

After Trump issued his executive order, Democrats and civil rights groups sued and eventually won a ruling from U.S. District Court Judge Indira Talwani in Boston barring implementation of the system before the November midterms. But without ruling on the legality of Trump’s order, the Supreme Court’s conservative majority last week found that was premature and overruled Talwani, momentarily clearing the way for its implementation.

On the night of Aug. 21, the Postal Service released a final rule outlining how it would implement the order.

It said it would only send mail ballots for states that got approval for the design of their envelopes and submitted a list of voters receiving them through the still-not-active online portal. That rule gave plaintiffs a chance to sue again, and Talwani on Thursday night issued a 14-day restraining order against implementation of the measure.

Whistleblower complaint says portal development is rushed and sloppy

The letter from Blumenthal and an accompanying summary of the whistleblower’s statements says the Postal Service began work on the portal on June 15 and stopped on June 25 after Talwani’s initial order. Then on July 29, the Postal Service restarted the work. That was when the administration appealed the judge’s order to the Supreme Court. The high court did not strike Talwani’s injunction down until Aug. 24.

Talwani last week found the Postal Service violated her order by continuing to work on the final rule, but she imposed no sanctions on the government. On Monday, she issued a ruling refusing to lift the restraining order that also said the Postal Service could continue work on its portal, as long as it wasn’t forcing states to use it.

In its summary of the whistleblower’s statement, the group Whistleblower Aid says the hurried construction of the portal, with a goal of being active on Tuesday, meant it did not undergo full testing.

“The apparently sloppy and rushed manner in which the Federal Ballot Mail Portal and supporting IT systems are being built poses significant risk,” the group wrote. “Potentially millions of American voters may not receive their mail-in ballot this election cycle in a timely manner, or at all.”

The statement also says the Postal Service is implementing a “zero percent” rule in which any errors in any mail ballots sent out by an election office could lead to all of them being discarded — even if it’s simply one problem amid tens of thousands of legitimate ballots.

The rule requires ballots to be handled in a physical post office by an election official. Those will then be scanned to ensure they match the voter database. During three layers of checks, a single apparent error could cause the whole batch to be rejected, the statement says.

Blumenthal said he has “a very strong hope and some faith that our system of justice will strike down this unconstitutional and unconscionable rule.” But, he added, if it somehow goes into effect for the midterms, he would not advise voting by mail.

Riccardi writes for the Associated Press. AP writer Lindsay Whitehurst contributed to this story.

A federal judge on Wednesday lifted a major obstacle to President Trump’s executive order limiting mail voting, even as Democratic state officials filed a new court challenge with the midterm elections fast approaching.

The fresh round of legal wrangling comes just two days after the Supreme Court handed down a procedural ruling in Trump’s favor, and could mean the issue lands before the high court again before the pivotal contests for control of Congress. The first mailed ballots are set to be sent out next week.

U.S. District Judge Indira Talwani in Boston agreed to lift an order prohibiting the U.S. Postal Service from carrying out Trump’s order for November’s elections. She wrote that she was “compelled” to do so after the Supreme Court’s conservative majority ruled that a similar injunction she granted in a separate case was premature.

Talwani nevertheless said the executive order could unleash “chaos” and referred to it as “likely unconstitutional.”

The administration can now move forward and implement a Postal Service rule published late Friday. It would require states to follow a uniform envelope style for mail ballots and to give the Postal Service a list of voters eligible to receive them. Talwani found on Tuesday that the rule’s issuance technically violated her injunction, but she declined to penalize the administration.

The new lawsuit, filed by about two dozen Democratically controlled states against the U.S. Postal Service, marked a new phase in the high-stakes litigation creating confusion around the midterm elections.

It came after the Supreme Court ruled against them in a separate case, but did not say Trump’s order was legal.

The high court majority found the initial Democratic lawsuit was premature, but that was before the Republican administration issued a rule governing Postal Service delivery of mail ballots. Election officials warn it will be impossible to implement before the first wave of mail ballots are sent out next week.

“Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans’ right to vote,” New York Attorney General Letitia James, one of 25 Democratic attorneys general filing the lawsuit, said in a statement. “USPS has no authority to decide who can and cannot vote by mail.”

The Trump administration plan faces a third lawsuit originally filed in May in the nation’s capital, though judges there have so far declined to block it.

All previous challenges were filed before the administration published its mail ballot rule Friday night.

White House spokesperson Lauren Bis on Wednesday said the Postal Service’s proposals were “commonsense measures that protect the security of mail-in ballots” and that the administration would continue to work to implement them to boost “the safety and security of our elections.”

The Postal Service said it would not comment because of the pending lawsuit.

National Democrats on Tuesday cited the rule in asking the federal judge in the Washington case to block Trump’s order after he declined to do so last spring, saying the administration at the time had not taken concrete action. In Boston, Talwani also found that the administration had violated a separate injunction she had placed on the Postal Service in drafting the new rule, although she did not take any action against the government.

Talwani had issued the injunction against Trump’s executive order in the prior Democratic state case, which is the one the Supreme Court overturned on Monday. She also issued a second injunction Aug. 11 in a case filed by the League of Women Voters and other voting rights groups, while the Supreme Court was considering the administration’s appeal of the judge’s first order.

Trump has long targeted mail voting, which he falsely blames for his 2020 election loss and is disproportionately used by Democrats as a result of Trump’s condemnations. Since returning to power, Trump has tried to claim authority over election rules, saying he thinks Republicans should “take over” vote counting in Democratic areas.

He issued his first election executive order just months after retaking office, attempting to require documentary proof of citizenship to vote, among other changes. He has also been pushing a sweeping election bill that has stalled in the Senate amid opposition from Democrats and even some within his own party.

Riccardi and Whitehurst write for the Associated Press.

The Trump administration again on Wednesday asked the U.S. Supreme Court to intervene — and fast — to save President Trump’s plan for the U.S. Postal Service to place new nationwide limits on mail voting ahead of the November midterms.

It did so after a lower court judge blocked the Postal Service plan from moving forward for a second time on Tuesday.

Solicitor Gen. D. John Sauer wrote to the high court that if it does not act quickly to lift both of the lower court’s “erroneous” rulings blocking the plan, those orders “will effectively run out the clock on the government’s ability to implement” the changes in time for the November election, “thereby causing irreparable harm to the federal government, the public, and election integrity.”

Sauer’s latest argument was filed in an emergency case already before the Supreme Court, in which the Trump administration is challenging a June decision blocking the Postal Service’s rule changes by U.S. District Judge Indira Talwani.

Talwani, an appointee of President Obama, ruled in favor of California and 22 other states that had challenged the new rules as coming far too late in the election year to be implemented without causing significant disruptions and harming voters. That decision, which was upheld by an appellate court in July, had barred the new measures from being implemented in the states that sued, but not elsewhere.

However, Sauer filed his latest argument in response to a second ruling by Talwani in a separate case Tuesday, in which she sided with the League of Women Voters and other voting rights groups to block the Postal Service plans from moving forward nationwide.

“That it is now less than 90 days before the November 3, 2026 midterm elections underscores the critical need for an injunction to prevent Defendants from changing election rules on the eve of the election,” Talwani wrote.

The court battle follows an executive order Trump issued in March, in which he called on the Postal Service and the Department of Homeland Security to ensure “citizenship verification and integrity in federal elections” by compiling their own state-by-state lists of citizens who are eligible to vote and then using those lists to restrict who may vote by mail in each state.

The order said the Postal Service “shall not transmit mail-in or absentee ballots from any individual unless those individuals have been enrolled on a State-specific list.”

The order was immediately slammed by Democratic attorneys general and independent voting rights groups as a ploy by the Trump administration to get its hands on state voter rolls, which it has failed to secure in separate legal challenges, and severely limit mail voting, which Trump has without evidence alleged is a major source of voter fraud.

California Atty. Gen. Rob Bonta helped lead the states’ lawsuit challenging Trump’s order, and has praised Talwani’s orders blocking it from taking effect. Bonta has said the law is clear that states control elections, not the federal government, and that Trump’s order is an illegal and dangerous power grab ahead of a pivotal election in which the president’s party is poised to lose power.

A spokesperson for Bonta’s office said it was aware of Sauer’s filing and considering “next steps” Wednesday.

The Trump administration’s appeal to the Supreme Court is limited in scope, in that it hinges on a technical argument that the challenges to the new rules are premature — and that the Postal Service should be allowed to continue preparing for the new rules to be implemented while the legal battle over their legality continues.

Sauer reiterated that argument in his filing Wednesday, asking the high court to not only issue its order soon, but to make clear in it that not one but both of Talwani’s orders are premature.

He wrote that courts cannot block the implementation of an executive order “that merely instructs agencies to pursue a proposed policy in a manner that is consistent with law,” particularly before those agencies “actually take concrete actions that injure” the groups suing to block the order.

Therefore, Sauer wrote, it would be “prudent” for the high court to make clear that it was halting Talwani’s first order “based on the uncertainty concerning the government’s future actions, not anything specific to the individual plaintiffs” — or, in other words, on grounds that would apply to her second order, too.

He wrote that it was “critical” that the court “act promptly.”

The states have asked the high court to block Trump’s order, which they said would deny mail ballots to “many of the millions of voters who rely on mail voting — especially voters with disabilities and those in rural areas.”

The League of Women Voters hailed Talwani’s order Tuesday as a win for voters and for the U.S. Constitution, which it said makes clear the president does not have the authority to rewrite election rules.

“Millions of Americans, including seniors, military voters, voters with disabilities, rural voters, and citizens living overseas, rely on voting by mail to participate in our democracy,” said Marcia Johnson, the group’s chief of activation and justice. “Today’s decision reaffirms that the rules governing our democracy must be set by the Constitution and the law, not by executive overreach.”

When the high court will rule is unclear, though the emergency nature of the appeal calls for a prompt response.