Democrats sue Postal Service over rule on mail-in ballots

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(The Center Square) - Democratic attorneys general from California, 22 other states and the District of Columbia filed a lawsuit Wednesday against the U.S. Postal Service over its rule on mail-in ballots.

The suit follows the U.S. Supreme Court’s ruling Monday to allow, for now, President Donald Trump’s executive order on mail-in ballots. The order required the Postal Service to prohibit the mailing of ballots to voters not included on a new Postal Service list of eligible voters.

California Attorney General Rob Bonta is co-leading the lawsuit with the attorneys general of Nevada, Washington state and Massachusetts. The suit was filed in the U.S. District Court for Massachusetts. It says the matter of whether someone may vote is a question of state law. In addition to challenging the Postal Service rule implementing Trump's executive order, the states are filing a motion for a temporary restraining order and a preliminary injunction to block the rule from taking effect during litigation.

“Let’s be clear: The U.S. Constitution gives states the power to regulate elections - not the President and not USPS,” Bonta said in a statement.

The Supreme Court on Monday granted the Trump administration's emergency request to stay an injunction related to the executive order. Justices said the  states' challenge to the executive order was filed too early, but added that states could challenge the U.S. Postal Service rule implementing Trump's order. Democratic attorneys general responded with their new lawsuit Wednesday.

"Donald Trump does not run elections. States do. And his latest attack on democracy is proof of how weak he has become,” said California Gov. Gavin Newsom in a statement Wednesday morning. “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.” 

But the Trump administration called the Supreme Court ruling in the president’s favor a victory for election security.

“The Supreme Court ruling was a major win for the security of American elections,” White House spokeswoman Lauren Bis told The Center Square Tuesday in an email. ”Radical Democrats continue to oppose commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders.”

Wednesday's lawsuit was filed by the Democratic attorneys general of California, Nevada, Washington, Massachusetts, Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin. Pennsylvania Gov. Josh Shapiro, a Democrat, is also a plaintiff.