The Boston-based US First Circuit Court of Appeals declined to halt a lower court injunction blocking restrictions on mail-in voting that Trump sought to implement before the midterm elections. The three-judge panel, all nominated by President Biden, determined that Trump does not possess the power to regulate state election policy and that the lower court properly found the postal restrictions likely unlawful.
The case stems from an executive order Trump signed in March directing the US Postal Service to deliver ballots only to voters appearing on a list of eligible voters maintained by the Department of Homeland Security. Democratic-led states and voting rights organizations filed lawsuits challenging the order as unconstitutional. State election officials have argued there is insufficient time to reconfigure their systems to comply with the new federal requirements, particularly given that some states have already begun distributing ballots for the midterms.
The Trump administration has characterized its mail-in voting restrictions as security measures to protect electoral integrity. Trump has called the court injunction blocking the restrictions unlawful and unreasoned. The president has previously made unsubstantiated claims about fraud related to mail voting, though he has personally used mail-in ballots himself.
While Trump’s order permits states to voluntarily adopt the new system, none have indicated they intend to do so. The USPS has stated readiness to implement the restrictions if courts lift the injunctions, though it has also told courts that the necessary technology does not currently exist to administer the order. Earlier this month, a USPS employee warned of potential operational problems if the agency attempted to execute the directive.
The Supreme Court is also reviewing Trump’s efforts to introduce additional requirements restricting mail-in voting practices.
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