U.S. District Judge Carl Nichols, a Trump-appointee based in Washington, rejected the challenge from Democrats and civil rights groups. He sided with the Trump administration’s argument that it was too soon to block the order, because it hadn’t actually been implemented yet.
Trump’s executive order, signed in late March, directed that states could notify the U.S. Postal Service whether they plan to allow mail-in or absentee ballots up to 90 days before a federal election, and “should” notify the agency whether they intend to supply a list of eligible voters within 60 days of the election. The order also directed USPS to produce a set of mail-in and absentee participation lists for each state, and to refuse to deliver ballots for anyone who is not on the lists.
A judge could still oppose Trump’s executive order as part of a separate legal challenge in Boston. But in the meantime, the way is clear for USPS to make rules that could prevent millions from voting during the upcoming midterm elections.
Democratic lawmakers have urged the Postal Service’s Board of Governors to reject Trump’s directive, as the president has no authority over the USPS, which is an independent agency only accountable to its own board of governors. Lawmakers warned that the USPS is also specifically barred from discriminating against users of the mail, and Trump’s executive order would have the agency illegally perform election administration duties.
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