Federal judge extends block on Trump's executive order limiting mail voting

A federal judge on Friday extended her prohibition against the U.S. Postal Service implementing President Donald Trump’s executive order seeking to limit mail voting during the midterms, creating another obstacle for the administration as states begin sending out mail ballots. The preliminary injunction from U.S. District Court Judge Indira Talwani replaces a temporary order she granted blocking the Postal Service’s plan. The Trump administration had already asked the Supreme Court to lift Talwani’s temporary order, and on Friday it informed her that it would appeal her latest decision to the U.S. 1st Circuit Court of Appeals. The administration is facing a tight timeline to make changes in voting procedures, as North Carolina began sending out its first mail ballots on Friday and more states are expected to follow. The legal battle could significantly impact this year’s elections, where control of Congress is at stake. Nearly one-third of voters in the U.S. cast mail ballots, and election officials argue there isn’t enough time to revise their systems to comply with the new Postal Service directives. Talwani, appointed by President Barack Obama, noted the tight timeline in her ruling, stating, "Plaintiff States are required under state law to mail millions of ballots to voters on a prescribed timeframe. As detailed below, they are unable to pivot this late in the election cycle, nearly guaranteeing significant disenfranchisement for eligible voters." The White House did not immediately respond to a request for comment. The order allows states to voluntarily use the new Postal Service system, but no state has announced plans to do so. Trump has sought to limit mail voting, despite using that method to cast his own ballot. He has made unsubstantiated claims that mail balloting contributed to his 2020 election loss. An initial executive order issued by Trump last year to change election rules, including requiring documentary proof of citizenship to register to vote, was halted by federal judges, who ruled that the Constitution grants states and, in some cases, Congress the authority to set voting procedures, not the president. After Trump issued his mail voting executive order in March, Democrats and voting rights groups filed several lawsuits, with two cases ending up before Talwani, who placed an initial hold on the order in June, prohibiting its implementation until after November. However, the Supreme Court overturned that order late last month, stating that the lawsuits were filed prematurely before the Postal Service issued its rule on how it would implement the order. The rule was released just before the Supreme Court's ruling, prompting the plaintiffs to re-file their suits.