USPS Halts Changes Ahead of Election Day As States Launch Lawsuits

Facing legal action from at least 20 states, the United States Postal Service has backed off on its plans to implement changes that could affect voting by mail ahead of Election Day.

Fourteen state attorneys general on Tuesday filed a lawsuit against President Donald Trump, the USPS and others, seeking an injunction barring the USPS from implementing its planned changes and distribution center closures.

The USPS announced at the same time that it would put its plans on hold until after Election Day, according to CNN.

Postmaster General Louis DeJoy announced that the decision to defer the USPS plans means post office retail hours will remain the same, mail processing equipment and collection boxes will not be removed and no mail processing facilities will be closed, CNN reports.

Trump, who voted via absentee ballot in Tuesday’s primary in Florida, has repeatedly said allowing voting by mail opens states to the possibility of increased election fraud.

The U.S. Postal Service’s Board of Governors appointed DeJoy postmaster general in May, according to the states’ lawsuit.

The attorneys general say DeJoy is a major Republican Party donor who has given more than $2 million to Trump’s campaign or “Republican causes” since 2016. He was also in charge of fundraising efforts for the Republican National Convention in Charlotte, N.C.

The lawsuit also cites other potential conflicts of interest.

Before being appointed to his current position, the lawsuit says, DeJoy was on the board of directors at XPO Logistics, which does business with the USPS and other government agencies, and continues to own $30 million to $75 million in XPO equity. He also owns Amazon stock options.

In light of the ongoing coronavirus pandemic, several states have taken steps to ensure voters are able to take advantage of voting by mail if they don’t feel it is safe for them to go to the polls.

“The mission of the Postal Service is more vital than ever today, with the COVID-19 pandemic forcing many Americans, especially seniors and the medically vulnerable, to quarantine at home and to rely increasingly on receiving material through the mail,” the attorneys general said in their lawsuit.

However, DeJoy’s recent implementation of changes “undermine the Postal Service’s ability to provide consistent and timely service,” the attorneys general argue. They add that DeJoy has acknowledged the changes have affected USPS’ service levels. 

The states’ lawsuit calls these changes “procedurally and substantively unlawful” because DeJoy bypassed a process the USPS must follow before making such changes.

The process, which was established by Congress, requires the postmaster general to consult with the Postal Regulatory Commission and to provide an opportunity for public comment.

Some of the changes DeJoy has implemented have resulted in major mail delays, the attorneys general say.

Carriers allegedly have been told to leave mail on the workroom floor or docks if taking it would slow down delivery, according to the lawsuit. As a result, USPS employees have reported that mail is piling up and is backed up across the country.

More than 650 USPS sorting machines have been or will be removed from cities across the country, the lawsuit claims.

“This action effectively decommissions 10 percent of the Postal Service’s sorting machines between June and September of 2020,” the lawsuit claims.

The machines’ removals would particularly affect sorting capabilities in states such as Michigan, Ohio, Pennsylvania and Florida, where recent presidential election results have been close.

The USPS has also notified election officials that in order to ensure timely delivery of the ballots, states must pay First Class postage, even though the USPS planned to no longer treat election mail as First Class mail, the lawsuit alleges.

Typically, the USPS has processed and delivered election mail as First Class “regardless of the paid class of service,” the lawsuit states.

According to the 2020 election lawsuit, First Class mail has a standard delivery window of two to five days, while Nonprofit Marketing Mail has a standard delivery window of three to 10 days. 

Paying First Class postage for ballots will nearly triple the expense — from 20 cents per ballot to 55 cents per ballot — ultimately costing states “tens of millions of dollars,” the lawsuit said. 

In addition, dozens of mailboxes have been removed in New York, Pennsylvania, Oregon and Montana, the lawsuit says, and the USPS had announced a reduction in hours of operation for post offices in many states. 

The Trump administration had already been hit with another lawsuit regarding the USPS changes’ impact on voting by mail.

The plaintiffs in that case maintain the USPS will play an important role in the 2020 election because more people will be voting by mail due to the coronavirus pandemic.

Attorneys general from California, Pennsylvania, Massachusetts, Delaware, Maine and North Carolina planned to file a similar lawsuit in a Pennsylvania federal court, according to CNN. 

With the lawsuit filed Tuesday, the states seek a declaration that the USPS has violated procedural requirements for making changes; a writ of mandamus forcing the USPS “to submit a proposal requesting an advisory opinion on any ‘change in the nature of postal services which will generally affect service on a nationwide or substantially nationwide basis’” before such changes are implemented; an injunction prohibiting the defendants from implementing any of the changes described in the lawsuit and requiring them to rescind any such changes that have already been implemented; “vacatur of the operational changes, distribution center closures, removal of mail sorting machines, and policy changes affecting mail delivery”; costs and attorneys’ fees; and any other relief “as the interests of justice may require.” 

Are you concerned about your ability to vote by mail ahead of Election Day? Let us know in the comments.

The plaintiffs are represented by the attorneys general of Washington, Connecticut, Colorado, Illinois, Maryland, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, Vermont, Virginia and Wisconsin, and their supporting counsel.

The U.S. Postal Service Voting By Mail Lawsuit is State of Washington, et al. v. Donald J. Trump, et al., Case No. 1:20-cv-03127, in the U.S. District Court for the Eastern District of Washington at Yakima.

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