Democratic states file new lawsuit to block Trump’s mail voting restrictions ahead of midterms

WASHINGTON, DC: Democratic-controlled states have filed a new lawsuit challenging the Trump administration’s restrictions on mail-in voting, after the Supreme Court cleared the way for the US Postal Service to implement the policy.

The lawsuit argues that the Postal Service lacks authority to impose federal election requirements on states. The legal fight comes with the 2026 midterm elections approaching and the first wave of mail ballots expected to be sent next week.

Democratic states challenge Postal Service rule

The new lawsuit, led by California, Massachusetts, Nevada and Washington, was filed after the Postal Service formally published its final rule governing the delivery of mail-in ballots. About two dozen Democratic-controlled states are involved in the challenge.

The states argue that the Postal Service cannot establish rules governing federal elections or determine which voters are eligible to receive mail ballots. “Congress has not afforded USPS any authority whatsoever to set rules for federal elections or mail voting, even though Americans have cast ballots by mail for generations,” the lawsuit states.

The Postal Service rule requires states to meet specific design requirements for mail-in ballots, including unique barcodes and an official logo. States must also provide the agency with lists of voters who are eligible to vote by mail. Under the rule, ballots that do not meet the requirements or are associated with voters who are not included on the submitted lists could be refused delivery.

Democratic lawmakers voice their opposition to the ruling 

New York Attorney General Letitia James, one of 24 Democratic attorneys general involved in the lawsuit, said states were already preparing for the upcoming elections when the administration moved to implement the new requirements.

“The federal government is attempting to meddle and potentially threaten countless Americans’ right to vote,” James said. “USPS has no authority to decide who can and cannot vote by mail.”

Democratic Governor Josh Shapiro said he was suing to prevent what he described as an "unconstitutional attempt" to change voting rules.

“I’m suing the Trump Administration to stop their unconstitutional attempt to change the rules and restrict mail-in voting,” Shapiro said in a post on X. “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.”

House Democratic Leader Hakeem Jeffries also echoed Shapiro's statement in a post on X, writing, "his unconstitutional anti-mail voting order threatens your constitutional rights, and we are moving to strike it down immediately.” 

Court ruling removes earlier block

The lawsuit follows US District Judge Indira Talwani’s decision to lift an earlier injunction blocking the policy, saying she was “compelled” to do so after the Supreme Court deemed the states’ initial challenge premature. 

The Supreme Court justices found that the states had not established their right to challenge the order at that stage, while leaving open the possibility of a legal challenge once the Postal Service adopted rules implementing it. With the Postal Service now having issued its final rule, the states argue that the legal dispute is ripe for review.

Talwani also previously described Trump’s executive order as “likely unconstitutional” and warned that it could create “chaos.”