Topline
The U.S. Postal Service’s new rule governing mail-in ballots can take effect after a federal judge Wednesday lifted a previous order blocking it—meaning voters’ information must be sent to the federal government in order to be mailed a ballot—but a new wave of court challenges over the now-finalized policy could result in it getting blocked again before the November midterms.
Ballots are received, sorted and verified at the LA County ballot processing facility on Nov. 9, 2022.
Los Angeles Times via Getty Images
Key Facts
Judge Indira Talwani ruled Wednesday to lift a previous order she issued blocking the new rule, which requires election officials to submit voters’ information to a new federal database in order for the U.S. Postal Service to deliver their mail-in ballots.
Talwani issued her decision based on the Supreme Court throwing out an order in a separate case that also blocked the rule, with justices finding 6-3 the legal challenge against the rule was brought too early.
Talwani’s ruling means the USPS rule can now take effect for the November midterm elections.
While the rule has been allowed to take effect because the legal challenges against it were brought too early—since when the lawsuits against it were filed, the Trump administration had proposed the rule but hadn’t finalized it yet—USPS published the final rule Friday, which means that legal argument now may be invalid.
Talwani said the voting rights advocates who brought the lawsuit can bring a new challenge against the new rule that was just finalized, which could result in the court issuing a new order blocking the rule.
Democratic attorneys general also filed a fresh lawsuit Wednesday against the newly finalized rule, meaning there could also be rulings in other court cases that could block it.
This story is breaking and will be updated.
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