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Judge Considers Voting Change Ban 09/03 06:42
A federal judge in Boston will hear arguments Thursday on whether to extend
her prohibition against the U.S. Postal Service requiring states to use a new
mail balloting system for the midterms as part of an executive order by
President Donald Trump.
(AP) -- A federal judge in Boston will hear arguments Thursday on whether to
extend her prohibition against the U.S. Postal Service requiring states to use
a new mail balloting system for the midterms as part of an executive order by
President Donald Trump.
The hearing in the closely watched case comes the day before the first state
begins sending mail ballots to voters.
U.S. District Court Judge Indira Talwani is considering whether to order a
preliminary injunction that would bar the Postal Service from requiring the new
system to be used for the midterms. Last week, she imposed a 14-day temporary
restraining order to keep it from being used. That order expires next week as
more states begin sending out mail ballots.
Talwani has been here before. In June, she prohibited the administration
from trying to implement Trump's order for the November election, ruling the
changes came too close to the election for the federal government to embark on
such a project. But the Supreme Court late last month ruled that Talwani's
order was premature because the Postal Service had not yet published
regulations governing how it would apply Trump's order. The agency did so just
before the high court ruling came down, prompting Democrats and voting rights
groups to swiftly re-file their lawsuits.
They counter that the president has no authority to set election rules,
which is a power designated in the Constitution to the states and in some cases
Congress.
They won an initial victory with Talwani's restraining order, which has
already been appealed by the administration. It's likely the case will again
end up before the Supreme Court.
Trump has long opposed mail voting and falsely blamed it for his 2020
election loss to Democrat Joe Biden, even though he often uses that method to
cast his own ballot.
Election officials say there's simply no way they can comply with the Postal
Service directives, which could require a complete overhaul of their
operations. Before it delivers mail ballots for any state, the Postal Service
would have to approve the design of the envelopes that contain them and have
the state upload a list of voters receiving them to an online portal.
Some ballots have already gone out. A few municipalities in Wisconsin opted
to send mail ballots to voters earlier this week, but Friday marks the full
kickoff of voting as North Carolina starts shipping its mail ballots to all
voters who requested them.
The administration has contended the changes are relatively minor and legal.
But the portal was still not active this week, and most election offices have
already printed their envelopes and ballots.
A whistleblower report made public this week warns that the postal system's
requirements could lead to millions of mail ballots never being sent. The new
rule requires all ballots to be physically brought to post offices before being
mailed to voters, but if a single one's bar code registers an error, the whole
batch gets thrown out, even if it contains tens of thousands of legitimate
ballots.
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