States Sue USPS Over Mail-In Voting Rules Ahead of Midterms

Legal editor Kerri Urbahn of Fox News joined ‘Fox & Friends’ to discuss the lawsuits filed by 24 states and Washington, D.C. against the United States Postal Service regarding mail-in voting rules. She provided an analysis of the Supreme Court decision and detailed Postal Service regulations that require barcodes on mail-in ballots.

The Trump administration appealed to the Supreme Court on Sunday to enforce restrictions on mail ballots as ballots begin to enter states across the country ahead of the midterm elections.

The appeal seeks to stay a preliminary injunction issued by Judge Indira Talwani, preventing the U.S. Postal Service from enforcing several requirements for ballot mail during the November elections.

Ballots have already begun to be mailed in North Carolina, and more States will begin the mailing process as the injunction remains in place — including Alabama on September 9 and at least five States the week of September 13.

Solicitor General John Sauer argued that allowing the injunction to remain risks confusion as more states start mailing ballots while compliance with the Postal Service rule remains voluntary, not mandatory.

The administration claims the rule is a legitimate exercise of the Postal Service’s authority, designed to regulate the U.S. Mail, not federal elections. This rule requires all federal election ballots sent by mail to use specific envelopes, meeting automation requirements and carrying unique barcodes.

State election officials would have to submit envelope designs for review and provide recipient information to the Postal Service. The administration reasons that these measures aim to improve ballot mail handling and reduce the risk of voter fraud.

The rule assigns the Postal Service no authority over voter eligibility or ballot counting, leaving these responsibilities with state and local officials. Democratic-led states and voting rights groups opposing the restrictions argue they are unconstitutional, and some election officials claim there’s insufficient time to adjust systems before November.

The administration refutes these arguments, citing that Congress granted extensive authority to the Postal Service to regulate mail delivery.

This situation represents the third instance the administration has requested Supreme Court intervention. The Court had previously allowed the administration’s plan to proceed but has not yet ruled on the legality of the restrictions.

This legal conflict could have significant implications for the upcoming November elections, where control of Congress may be determined. Nearly one-third of U.S. voters cast mail ballots.