Illinois and Other States Challenge Trump’s Postal Service Rule Before Midterms

Illinois joined with several other states in contesting President Donald Trump’s efforts to involve the U.S. Postal Service in the election process shortly before the midterm elections. The challenge seeks to prevent the Postal Service from being the deciding factor in who can receive and cast mail-in ballots.

Under Trump’s direction, the Postal Service released new rules requiring states to provide lists of voters eligible for mail-in ballots and obtain approval for envelope designs and tracking standards. Voters not listed would not receive ballots, and ballots in unapproved envelopes would not be delivered.

Illinois Attorney General Kwame Raoul expressed strong opposition, stating, “The rule I am challenging today is yet another unlawful attempt by the Trump administration to control state voting systems.” Raoul emphasized the urgency, saying, “We are asking the court for emergency relief because the administration is trying to undermine our citizens’ access to voting within weeks of the midterm elections.”

The legal action comes soon after the U.S. Supreme Court dismissed a similar case by these states. It was previously deemed premature because the Postal Service had yet to implement Trump’s executive order. The court had mentioned that states could challenge any harmful final rule from the Postal Service.

Election judges process and count mail-in ballots at the Board of Elections in Chicago on March 22, 2024. (Antonio Perez/Chicago Tribune)

The states challenge the Postal Service rules on constitutional grounds, asserting that the authority to determine eligible voters lies with state law, including the acceptance and processing of ballots. The Constitution assigns primary election regulation and administration responsibility to states, despite potential congressional preemption.

The lawsuit points out that while mail-in voting has been a long-standing practice, Congress has not granted USPS the authority to regulate federal elections or mail voting.

President Trump has vocally opposed mail-in voting, alleging fraud led to his 2020 loss to Joe Biden. The lawsuit mentions Trump’s belief that mail voting could damage the Republican Party, citing his desire to eliminate mail-in ballots.

Furthermore, the lawsuit argues that neither Trump nor USPS possess constitutional power to alter election laws, including those for voting by mail. The President lacks legislative power, though he has claimed undue authority over state-administered elections.

Besides questioning the constitutional validity, the lawsuit argues that the Postal Service’s rules infringe on the federal Voting Rights Act and regulations protecting privacy and universal mail delivery.

In Illinois during the 2024 general election, nearly one million of 5.7 million votes were cast by mail. This figure was nearly twice that of the 2020 pandemic election year, according to State Board of Elections officials.