Judge chides USPS for mail-in voting rule violation but declines to block it

U.S. District Judge Indira Talwani concluded that the U.S. Postal Service violated a court order by issuing a final rule to tighten requirements for mail-in voting. Despite this finding, the judge declined to block the rule for now.

Talwani stated that the USPS had "feigned compliance" with her previous ruling and ignored her explicit directive to not initiate or complete rulemaking to fulfill President Donald Trump's executive order. The Supreme Court had previously lifted one of two court orders Talwani had issued that had prevented the USPS from implementing the executive order.

The rule in question would require states to provide the USPS with lists of voters who received mailed ballots and apply unique barcodes to outbound and return ballot envelopes. The voting rights groups, including the League of Women Voters, had urged Talwani to find the USPS in violation for releasing the final rule on Friday. Talwani agreed with their assessment but noted that since the USPS acknowledges it cannot implement the rule while her injunction remains in place, she would not order it blocked at this time. She added that the violation "may ultimately inure to Plaintiffs’ benefit," as the voting rights groups could challenge a final rule instead of a "hypothetical" one.

Legal battles over the executive order are ongoing in federal courts, with its ultimate fate uncertain less than three months before the November midterm elections. States and arms of the Democratic Party have also announced plans to continue challenging the executive order and its implementation.