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Staff Report –
California and other states controlled by Democrats filed another lawsuit on Wednesday challenging President Donald Trump’s executive order seeking to limit mail voting in this year’s midterm elections.
The action, filed by about two dozen states against the U.S. Postal Service, marked a new phase in the high-stakes litigation just two days after the Supreme Court ruled against them in a separate case, but did not say Trump’s order was legal.
The high court majority found the Democratic lawsuit was premature, but that was before the Republican administration issued a rule governing U.S. Postal Service delivery of mail ballots. Election officials warn it will be impossible to implement in the days before the first wave of mail ballots are sent out next week.
“Donald Trump does not run elections. States do,” California Gov. Gavin Newsom said in a statement. “And his latest attack on democracy is proof of how weak he has become. California will continue to lead the way in defending democracy — using every tool at our disposal and every minute in our day. This perilous moment in history demands no less from us.”
Trump’s executive order remains barred from taking effect under a separate injunction that the administration argues needs to be immediately rescinded in light of the high court’s ruling in the previous Democratic state lawsuit. It also had succeeded in a third case filed in May in the District of Columbia, convincing a judge that it was too early to prevent its implementation of the executive order.
“Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans’ right to vote,” New York Attorney General Letitia James, one of 25 Democratic attorneys general filing the lawsuit, said in a statement. “USPS has no authority to decide who can and cannot vote by mail.”
All previous challenges were filed before the administration published its mail ballot rule Friday night. The rule says that if states want their mail ballots delivered, they will need federal approval of the design of their envelopes and must give the Postal Service a list of voters eligible to receive them.
“On Monday, the U.S. Supreme Court declined to fully close the door on the President’s attempt to interfere in our election administration,” Attorney General Rob Bonta said. “Today, we’re taking legal action to stop this unlawful rule in its tracks and ensure that voters can exercise their constitutional right to vote. Let’s be clear: the U.S. Constitution gives states the power to regulate elections — not the President and not USPS. Ballots are an extension of our voices and we’re asking the court to ensure that every person has the right to make theirs heard.”
The White House has called the Postal Service plan “commonsense measures that protect the security of mail-in ballots” and said the administration would continue to work to implement it to boost “the safety and security of our elections.”
The Postal Service said it would not comment because of the pending lawsuit.
National Democrats on Tuesday cited the rule in asking the federal judge in the Washington case to block Trump’s order after he declined to do so last spring, saying the administration at the time had not taken concrete action. In Boston, U.S. District Judge Indira Talwani also found that the administration moving forward with the mail ballot rule had violated a separate injunction she had placed on the Postal Service prohibiting it from enacting Trump’s order, although she did not take any action against the government.
Talwani, who was nominated by Democratic President Barack Obama, had issued the injunction against Trump’s executive order in the prior Democratic state case, which is the one the Supreme Court overturned on Monday. She has yet to act on the administration’s urging her to revoke her second injunction. It was issued Aug. 11 in a case against the executive order and was filed by the League of Women Voters and other voting rights groups while the Supreme Court was considering the administration’s appeal of the judge’s first order.
Trump has long targeted mail voting, which he falsely blames for his 2020 election loss and is disproportionately used by Democrats as a result of Trump’s condemnations. Since returning to power, Trump has tried to claim authority over election rules, saying he thinks Republicans should “take over” vote counting in Democratic areas.
He issued his first election executive order just months after retaking office, attempting to require documentary proof of citizenship to vote, among other changes. He has also been pushing a sweeping election bill that has stalled in the Senate amid opposition from Democrats and even some within his own party.
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First reported by KCRA 3 in Sacramento.
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