Trump Admin Faces Lawsuit Over USPS Rollbacks Ahead of Voting by Mail

UPDATE: On Sept. 21, 2020, a U.S. District Court judge calls delays in Election Day ballot delivery resulting from U.S. Postal Service policy changes “profound” and “troubling.”

New York elected officials have joined together in a lawsuit against the Trump administration, challenging USPS rollbacks ahead of voting by mail.

According to the plaintiffs, the United States Postal Service will play an important role in the 2020 election due to the ongoing coronavirus pandemic.

To protect voters from getting sick by voting in-person, many states have expanded mail-in ballot options. As a result, an estimated 76% of Americans are reportedly eligible for voting by mail.

The plaintiffs note that “a record number of voters intend to use that eligibility to exercise their most basic right in the safest manner available in a public health crisis.”

Unfortunately, despite voter hopes to vote via the mail, the Trump administration has allegedly launched several attacks against USPS with the goal of undermining mail-in voting.

“President Donald J. Trump and his newly appointed Postmaster General Louis DeJoy have set about to ensure USPS cannot reliably deliver election mail,” the voting-by-mail lawsuit contends. “As a Trump deputy campaign manager put it, ‘[t]he President views vote by mail as a threat to his election.’”

“While President Trump himself is holding up necessary funding for the Post Office, a flurry of steps taken by DeJoy all but guarantee that thousands upon thousands (if not millions) of ballots will simply not reach their destinations on time, will likely lack postmarks that are required by state law, and that the volume of election mail that is coming may be delayed for weeks.”

Despite the president’s best efforts, the recent lawsuit argues that the right to vote – including voting by mail – is guaranteed by the U.S. Constitution. The plaintiffs argue that the postmaster general and Trump administration are violating the Constitution by ensuring that thousands, if not millions, of ballots will not be counted in the upcoming election.

The election candidates include people running for Senate, the House of Representatives and state positions.

Should the president be allowed to undermine USPS functions, the plaintiffs argue, the outcomes of their elections could be compromised. As such, they ask the court to intervene and ensure that the USPS is “adequately funded” and able to handle the upcoming 2020 election and voting by mail.

Voting by Mail in the 2020 Election

Before the mail-in ballot lawsuit was filed by New York officials, authorities from around the country were considering legal action against the Trump administration considering the recent attacks on the USPS, the Washington Post reported.

Ahead of the 2020 election, thousands of voters have reportedly expressed their concerns to their state and local officials, questioning whether voting by mail would be safe and effective.

Due to this uncertainty, some voters have reportedly decided to vote in-person despite being concerned about COVID-19 simply because they are worried about their votes not counting.

In response to these concerns, state attorneys general are reportedly considering their options to ensure that all mail-in ballots are counted in the upcoming election.

Officials from Pennsylvania, Minnesota, Massachusetts, Washington, North Carolina and other states are reportedly looking into their options – including legal action.

“We will not be deterred by Donald Trump’s blatant attempts to undermine the integrity of our elections. We are exploring all options available to ensure everyone’s vote is counted,” Massachusetts Attorney General Maura Healey said in a statement to CNN.

On the other side of the argument, several lawsuits have been filed against state authorities challenging new vote-by-mail measures. According to these complaints, mail-in ballot voting will open the possibility of voter fraud and disenfranchisement.

One lawsuit filed by the Republican party in Cook County, Ill., alleges statewide mail-in voting is unrealistic and will cause countless issues. Instead, the plaintiffs argue, Illinois residents who wish to register for voting by mail should request absentee ballots.

Voters from Pennsylvania also took action against the state in a class action lawsuit.

According to the voters, there isn’t a reliable way to verify voter signatures on mail-in ballot submissions. As a result, some ballots will reportedly not be counted – thereby undermining the constitutional right to participate in elections.

Has your state offered voting by mail for the 2020 election? Share your thoughts in the comment section below.

Plaintiffs in the mail-in ballot lawsuit are represented by J. Remy Green, Elena L. Cohen, Jessica Massimi and Jonathan Wallace of Cohen & Green PLLC and Ali Najmi of the Law Office of Ali Najmi.

The Voting By Mail Lawsuit is Mondaire Jones, et al. v. United States Postal Service, et al., Case No. 1:20-cv-06516, in the U.S. District Court for the Southern District of New York.

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