Federal Lawsuit Against Trump’s Postal Service Directive
Illinois, alongside two dozen states, has sought legal intervention to stop President Donald Trump’s move to involve the U.S. Postal Service in the electoral process right before the midterm elections. The lawsuit aims to prevent Trump’s directive, which positions the Postal Service as crucial in deciding who receives and casts mail-in ballots.
Controversial Postal Service Rules
Under Trump’s command, the Postal Service released rules requiring states to give voter eligibility lists to the agency, also demanding state approval for envelope designs and tracking standards. Ballots would not be sent to voters absent from this list, nor would ballots be delivered if they don’t meet envelope criteria.
Response From Illinois Attorney General
Kwame Raoul, the Illinois Attorney General, criticized the rule as an unlawful attempt to control state voting systems. Raoul stated, “The administration is trying to undermine our citizens’ access to voting weeks before the elections.” The federal lawsuit, initiated in Boston, requests emergency relief from the courts.
Supreme Court’s Previous Decision
The lawsuit comes a month before mail-in voting starts in Illinois and days after a U.S. Supreme Court decision blocked similar challenges to Trump’s Postal Service directives, deemed premature without final rule implementation. The Court mentioned that states could contest the final rule if it adversely impacts them.
Constitutional and Legislative Considerations
According to the states’ lawsuit, the Constitution assigns primary election regulation and administration responsibilities to states, with Congressional preeminence over the ‘manner’ of conducting elections. The states argue that Congress has not endowed USPS with authority to regulate federal elections or mail voting, citing historical precedents of mail-in voting.
Trump’s Opposition to Mail-In Voting
Trump has openly rejected mail-in voting, despite utilizing it himself, and claimed voter fraud involving mailed ballots led to his 2020 election defeat. The lawsuit states that Trump perceives mail-in voting as a threat to the Republican Party.
Constitutional Authority
The lawsuit emphasizes that neither the President nor USPS can make or modify federal election laws or specifically govern mail voting. The Constitution does not grant legislative power to the President.
Violation of Laws
Challenging the Postal Service’s rule, the lawsuit contends it infringes on the federal Voting Rights Act and laws ensuring privacy and universal mail delivery.
Impact on Illinois Elections
Almost one million mail-in votes were cast in Illinois’s 2024 general election, with the number substantially higher in the 2020 pandemic election, as reported by State Board of Elections officials.