Court allows challenge to Trump VBM order to proceed

A federal judge in Massachusetts ruled Wednesday that voting rights groups may proceed with a lawsuit challenging President Donald Trump’s attempt to restrict mail-in voting through the U.S. Postal Service.

The ruling largely rejected motions by the Trump administration and intervening states to dismiss the lawsuit, finding that the nonpartisan organizations have standing and presented plausible constitutional and statutory claims against the president’s executive order.

The order directs USPS to refuse to deliver mail ballots unless voters appear on newly created lists of approved mail voters and their ballot envelopes comply with federally imposed requirements.

U.S. District Judge Indira Talwani reiterated an earlier finding that the president lacks the constitutional authority to make election rules, a power assigned to states and Congress.   The plaintiffs also contend that Trump cannot direct USPS, an independent agency created by Congress, to determine which voters may cast ballots by mail.

The court found that members of the groups could be harmed because they include voters who live overseas or outside their home states, have disabilities or are unable to reach polling places. It is “plausibly likely and imminent” that some members could be disenfranchised in November if the order is implemented, Talwani said.

The ruling allows the groups to pursue a renewed request for a preliminary injunction blocking USPS from carrying out the order.  A hearing is scheduled for August 7.

The plaintiffs include the League of Women Voters of Massachusetts, the national League of Women Voters, the Association of Americans Resident Overseas, U.S. Vote Foundation, OCA–Asian Pacific American Advocates and Delta Sigma Theta Sorority.

“With the November election around the corner, the voting rights groups who filed this lawsuit should be deeply immersed in the vital work of ensuring that their members — and all eligible voters — are prepared to cast their ballots,” the plaintiffs and their attorneys said in a joint statement.

Instead, they said, the organizations have been forced to revise educational materials and counsel voters who are “confused and fearful” about whether their ballots will be delivered.

“We are committed to fighting this unconstitutional and unlawful executive order and to protecting the right to vote, including the ability to vote by mail,” they said.