Judge weighs extending injunction on USPS mail-ballot tracking system ahead of midterms

U.S. District Judge Indira Talwani questioned Justice Department attorney Michael Velchik about the readiness of a Postal Service system designed to track mail ballots through an online portal, a measure ordered by the White House last spring. The portal would require states to upload voter lists and match them to ballot envelopes, with mismatches potentially preventing delivery.

Talwani said she had not received any official declaration from the Postal Service confirming that the system was operational, describing the situation as an "experiment" to see if it would work in the upcoming election. Velchik replied that the Postal Service intended to fully implement the rule it published last month and argued that the legal issue was whether the judge had authority to halt it, asking, "The $64,000 question is, is this authorized by the statute?"

The judge is considering whether to extend a temporary restraining order that bars the Postal Service from enforcing the portal requirement through Sept. 10. North Carolina is set to begin mailing ballots on Friday, with other states following. Velchik warned that the administration could seek Supreme Court relief to resume the plan.

In June, Talwani issued a 14-day injunction blocking the executive order, citing the proximity to the election. The Supreme Court later ruled the injunction premature because the Postal Service had not yet issued detailed regulations; the agency published them shortly before the high court decision, prompting voting-rights groups to refile lawsuits.

Election officials have expressed concerns that complying with the new directives would require major changes to their operations, including redesigning envelopes and uploading voter data to the portal. As of the hearing, no state had voluntarily opted into the system, and the portal remained inactive.

Missouri Solicitor General Lou Capozzi, representing states supporting the program, disputed claims that the rule would disenfranchise voters, stating there was no such risk. A recent whistleblower report warned that the requirement for all ballots to be physically brought to post offices could result in large numbers of ballots being discarded if a single barcode error is detected.

The case continues as the nation approaches the midterm election season, with the court's decision poised to affect how millions of mail ballots are processed.