Following the conclusion of voting in this year’s midterm elections, Republican state officials are working to advance changes to mail-in voting procedures ahead of the 2028 presidential race. Twelve GOP state attorneys general representing Alabama, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota and Texas initiated an appeal process on Thursday against a September ruling by U.S. District Judge Carl Nichols that blocked implementation of a U.S. Postal Service plan.
The underlying rule, released by USPS in late August in response to an executive order by President Trump, would require states to provide lists of voters’ names and addresses to the postal agency for mail ballot delivery. Judge Nichols found that the Postal Service likely lacks statutory authority to impose such a requirement on states. The Justice Department confirmed that the Trump administration is not pursuing its own appeal of this ruling, with the appeal deadline having passed on Thursday.
Election officials had expressed concerns about the proposed restrictions during the midterm campaign, citing risks of significant operational disruptions for the tens of millions of voters who regularly cast ballots by mail. Officials worried that voters with disabilities and those in areas without accessible polling locations could be affected. A whistleblower report raised additional concerns that the online system required to implement USPS’ revised requirements had not undergone adequate testing, potentially resulting in eligible voters not receiving mail-in ballots on time.
A separate ruling by U.S. District Judge Indira Talwani had blocked USPS from implementing the revised rule specifically for the midterm elections. The Supreme Court declined to pause Talwani’s order in September. However, Justice Brett Kavanaugh wrote in a concurring opinion that state and local election officials lacked sufficient time to “reasonably implement the rule” for this election cycle, while suggesting the final rule may fall within the Postal Service’s authority.
The political landscape surrounding the appeal remains uncertain, as Democratic candidates in Texas and Kansas are set to assume control of their states’ attorney general offices in January, raising questions about whether those states will continue participating in the litigation.
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