Pennsylvania Governor Josh Shapiro Joins Lawsuit Against USPS Over Mail-in Voting Rules

<p>Pennsylvania Governor Josh Shapiro has joined attorneys general from 23 states and Washington, D.C., in a lawsuit against the U.S. Postal Service (USPS) regarding a mail-ballot rule supported by the Trump administration. This lawsuit comes as the November midterms approach and aims to challenge new federal requirements on how states prepare and send mail ballots.</p><p>Shapiro stated, "I’m suing the Trump Administration to stop their unconstitutional attempt to change the rules and restrict mail-in voting. I’ll remind the President of my track record going up against him in court — and winning — to protect Pennsylvania’s free, fair, safe, and secure elections. I’m prepared to do so again." He emphasized that the process for voting by mail in Pennsylvania remains unchanged.</p><p>He added, "While Donald Trump may try to inject chaos into our elections, the Constitution is clear: the authority to set election rules belongs to the states — not the federal government."</p><p>The coalition of states returned to court following a Supreme Court ruling that stayed an earlier injunction from a Massachusetts federal judge against key parts of Trump's mail-voting executive order. The Supreme Court found the states' initial challenge premature since USPS had not yet issued a final rule at the time of filing.</p><p>White House spokeswoman Lauren Bis commented, "The Supreme Court ruling was a major win for the security of American elections. Radical Democrats continue to oppose commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders. The Trump Administration will continue to lawfully enact the agenda President Trump was elected on – which includes the safety and security of our elections."</p><p>The lawsuit centers on USPS’s recently finalized "Ballot Mail for Federal Elections" rule, which went into effect last week. This rule requires state and local election officials to submit information on intended mail-ballot recipients to a USPS portal, where USPS would compile state-specific lists of enrolled mail voters. It also mandates certain mail-in ballot design requirements, including trackable barcodes, and requires officials to submit ballot-envelope designs to USPS for pre-approval.</p><p>In their 53-page complaint, the states argue that the rule improperly assigns USPS a new role in managing elections, compelling election officials to adopt new procedures, share ballot-recipient information, and potentially replace already-purchased envelopes as the midterms approach. They assert that only Congress has the authority to alter election rules and that USPS bypassed a necessary review process for significant nationwide changes to postal services or operations.</p><p>The coalition seeks to block the rule while the lawsuit is ongoing and ultimately have it dismissed, asserting that their new challenge addresses the Supreme Court’s timing concerns. A previous Massachusetts injunction had temporarily prevented USPS from implementing the requirements for the November midterms, but that order was lifted following the Supreme Court’s ruling.</p><p>The states noted in their complaint, "This Court held that 'no law enacted by Congress delegates authority to control mail-in voting to USPS,' and that the President’s directives to USPS were ultra vires. The Supreme Court subsequently stayed the injunction—not because Plaintiff States’ claims lacked merit, but because the States 'lack[ed] standing to bring' their claims as to the [Executive Order]. As the Court explained, USPS had not yet implemented the EO, but if USPS ultimately adopts a final rule that 'harms the States, they may challenge that rule.' USPS then published its final rule two days later."</p><p>USPS did not respond to requests for comment in time for publication.</p>