Blue states launch new suit to stop Trump’s mail-in voting restrictions

Democratic-controlled states brought a new lawsuit challenging the Trump administration’s mail-in voting restrictions on Wednesday, hoping they’ll find better success after the Supreme Court ruled they sued prematurely.

The high court found the states had no right to sue over the president’s executive order that he signed in the spring. But it left open the possibility that someone could still try to sue over the U.S. Postal Service’s plan to implement it.

The Postal Service formally published its final rule on Wednesday. The states argue it means their case is now ripe.

“Congress has not afforded USPS any authority whatsoever to set rules for federal elections or mail voting, even though Americans have cast ballots by mail for generations,” the lawsuit states, using an abbreviation for the U.S. Postal Service.

The case is co-led by California, Massachusetts, Nevada and Washington. It heads to U.S. District Judge Indira Talwani, an appointee of former President Obama who has been overseeing the legal fight for months.

The Hill has reached out to a Department of Justice (DOJ) spokesperson for comment.

The Postal Service’s final rule mandates that states’ mail-in ballots meet design requirements — such as unique barcodes and an official logo — and that the states upload lists of voters who are eligible to vote by mail. If a ballot doesn’t meet the specifications or someone isn’t on the submitted list, the Postal Service will refuse to deliver it. It’s part of President Trump’s broader, years-long campaign targeting mail voting.

The president’s critics have condemned his order as overreaching into states’ authority to manage their own elections.

The states’ new lawsuit landed just as the judge cleared the way for USPS. Talwani on Wednesday agreed the Supreme Court’s recent directive compels her to wipe all her previous injunctions.

Even so, she cautioned that the plaintiffs could now have a case that USPS has finalized its rule.

The clock is ticking, with some states set to start sending out mail ballots in a matter of days.