Federal judge issues temporary restraining order against USPS mail-in ballot rule

A U.S. District Court judge in Boston granted a temporary restraining order on Thursday that halts a newly finalized Postal Service regulation aimed at overseeing mail-in ballots ahead of the November midterm elections. The rule, issued under a Trump administration executive order, would have required the Postal Service to track ballots and potentially reject those not on a federal list of eligible voters. Plaintiffs, including the League of Women Voters and a coalition of states, argued that the regulation exceeds presidential authority and lacks congressional approval.

Judge Indira Talwani wrote that the regulation is “most likely unlawful because the president cannot insert the federal government into elections without the express authorization of Congress.” She added that the plaintiffs are “likely to succeed on the merits of their claims.” The order blocks the rule for at least 14 days, a period that may be insufficient for states to adjust election management systems or train staff.

New York Attorney General Letitia James said, “This rule is a clear attempt by the federal government to interfere in elections it has no power to control.” The administration could appeal the decision to the Supreme Court.

In her ruling, Talwani noted that the government had offered no evidence of fraudulent absentee or mail-in voting and warned that the proposed changes could disenfranchise voters. A separate decision lifted an earlier injunction on other parts of the executive order, while a Supreme Court ruling earlier this week found Talwani had acted too quickly on that earlier injunction but did not address the legality of the current Postal Service regulation. A provision requiring the Department of Homeland Security to compile voter eligibility lists remains in effect.