Federal court grants civil rights groups’ request for preliminary injunction, halting new restrictions that threatened mail voting for millions of Americans ahead of November elections.
WASHINGTON – A federal judge today granted a nationwide preliminary injunction filed by the Lawyers’ Committee for Civil Rights Under Law, for the NAACP, Common Cause, and Black Voters Matter, blocking the Trump administration from implementing a new U.S. Postal Service rule that imposed sweeping new restrictions on absentee and mail-in ballots for federal elections. The ruling delivers a major victory for voters just weeks before the November midterm elections and prevents the administration from enforcing requirements that threatened to disrupt mail voting for millions of Americans across the country.
“The court has made clear that the U.S. Postal Service exceeded its authority by adopting a rule to restrict mail-in voting. The rule would have disenfranchised huge numbers of voters and created chaos during the upcoming Midterm Elections,” said Damon Hewitt, president and executive director of the Lawyers’ Committee. “This rule had no valid rationale. There is no problem with voting by mail. The problem is the administration’s efforts to obstruct millions of people from the polls and undermine confidence in our electoral system. The court’s decision reaffirms that the president and Executive Branch have no authority to rewrite the rules of our elections and shut out millions of voters from the democratic process.
“We are proud to stand with our clients and co-counsel in securing this nationwide injunction, but we know this fight is not over. The battle to protect our democracy and the right to vote requires constant vigilance. We will continue to use every tool available to defend this sacred right and to ensure that every eligible American can participate in our elections.”
The challenged rule, issued by USPS in August, required absentee and mail-in ballots for federal elections to be sent using envelopes that satisfy new design requirements and restricted their transmission to voters verified as enrolled in a newly created “Federal Ballot Mail Portal.” The requirements were set to apply to elections occurring less than 60 days after the rule took effect. In granting preliminary relief, the court found that no federal statute gives the Postal Service authority to issue key portions of the rule.
“Two district courts and a federal circuit court have now blocked this administration’s unlawful attempt to weaponize the U.S. Postal Service to hijack our mail voting system in the middle of an ongoing midterm election,” said Kristen Clarke, NAACP general counsel. “The election is just 49 days away. We urge the Supreme Court to reject this administration’s request to green light this unlawful scheme and leave in place our mailing voting system which is safe, secure, and orderly. We will always stand up for voters and continue to fight this administration’s voter suppression attempts.”
“A second federal judge has now blocked this attempt to give the U.S. Postal Service new authority over who receives a mail ballot, and that is a win worth naming. But we should be clear about what is at stake. These efforts create unnecessary barriers and confusion around voting by mail under the guise of election security, said Cliff Albright and LaTosha Brown, co-founders of Black Voters Matter Fund. “Even when these efforts are blocked in court, the confusion they create can still do damage. So we want voters to hear us clearly: the new USPS restrictions are currently blocked, and eligible voters should continue following the mail-voting rules and deadlines established in their states. We cannot allow voter suppression to be repackaged as voter protection or political interference to determine who gets to participate and whose voice counts. We will continue fighting unnecessary barriers to the ballot, making sure our communities have accurate information, and organizing to protect the power of our people.”
“This ruling sends a clear message: the Trump Administration cannot use the Postal Service as a means to restrict access to the ballot box. The job of the Postal Service is to deliver mail, not oversee elections,” said Robert Weiner, director of the Voting Rights Project at the Lawyers’ Committee. “The administration’s overreaching threatened to upend established election procedures just weeks before the midterm elections,creating unnecessary confusion and likely preventing eligible voters from casting their ballots. We’re pleased that the court issued a preliminary injunction to stop this rule, and we will remain vigilant against the further efforts, which we know are coming, to interfere with American’s fundamental right to vote.”
The ruling comes after the Lawyers’ Committee, NAACP and others challenged President Trump’s executive order targeting mail-in voting in April. After the Postal Service finalized its rule in August, the groups and other parties renewed their request for emergency relief, arguing that the new restrictions exceeded USPS’s authority, conflicted with state election laws and threatened to disenfranchise eligible voters – including many Black voters and other voters of color, seniors, rural voters, voters with disabilities, and military and overseas voters – who rely on voting by mail.
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About the Lawyers’ Committee for Civil Rights Under Law
Lawyers’ Committee for Civil Rights Under Law is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to mobilize the nation’s leading lawyers as agents for change in the Civil Rights Movement. Today, the Lawyers’ Committee uses legal advocacy to achieve racial justice, fighting inside and outside the courts to ensure that Black people and other people of color have the voice, opportunity, and power to make the promises of our democracy real. The Lawyers’ Committee implements its mission and objectives by marshaling the pro bono resources of the bar for litigation, public policy, advocacy and other forms of service by lawyers to the cause of civil rights.
About NAACP
The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities.
NOTE: The Legal Defense Fund – also referred to as the NAACP-LDF – was founded in 1940 as a part of the NAACP, but now operates as a completely separate entity.
