The U.S. First Circuit Court of Appeals has denied the Trump administration's request to pause a lower court order that prevents the U.S. Postal Service (USPS) from implementing President Donald Trump's executive order regarding mail voting. This ruling means that Trump's directives will not be enforced in 23 states and the District of Columbia. The three-judge panel ruled 2-1 against the administration's motion, with Judge Joshua D. Dunlap dissenting on part of the ruling.
U.S. District Court Judge Indira Talwani's June 25 ruling stated that the USPS cannot refuse to deliver mail ballots to states that do not comply with the Justice Department's demands for unredacted voter lists. Judge Talwani noted that complying with the executive order's requirements would financially burden states by necessitating changes to mail ballot envelopes, which would need unique Intelligent Mail barcodes and logos.
The appeals court found the Trump administration's argument that costs should be disregarded unconvincing, stating that any changes to mail ballot envelopes would incur monetary and operational costs for the states. The ruling also addressed the executive order's threats of criminal penalties for state or local officials who do not comply, indicating that it represents an unprecedented federal intervention in state election processes.
The Trump administration has directed the Department of Homeland Security (DHS) to verify voter eligibility using a database system called the Systematic Alien Verification for Entitlements (SAVE), which has been criticized for misidentifying eligible voters. DHS Secretary Markwayne Mullin has mentioned pursuing criminal charges against election officials who do not submit voter records for verification. The appeals court highlighted that the administration did not adequately address concerns regarding potential prosecution of state officials for actions related to the executive order.