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US Judge again blocks Postal Service’s mail-in vote restrictions

Federal Judge extended the ban on President Donald Trump’s administration from implementing new U.S. Postal Service rule that would increase the number of mail-in votes required ahead of November's congressional elections.

Boston-based ?U.S. District Judge Indira Telwani issued this injunction on behalf of Democratic-led state and voting rights organizations, after one State sent out mail ballots to the elections last Friday. Talwani wrote only Congress' laws can override state authority in elections. She added that "the executive does not have inherent authority" to change voting rules.

Talwani wrote that Congress never delegated voting authority to the Postal Service. The new rule of the agency "is in conflict with Congress's statute scheme and is unconstitutional."

Talwani wrote that the immediate deadlines required by the Postal Service rule would cause "chaos" among groups who provide information on how to vote. The League of Women Voters, for example, "does not know whether or not to advise its members to vote via mail, despite their legal entitlement," Talwani's ruling states.

The administration filed an appeal notice quickly.

USPS refused to comment on this ruling but U.S. postmaster general David Steiner defended their handling of the matter.

Steiner stated on Friday that "we have always acted within our legal authority" to issue a regulation to achieve these policies. However, the courts will ultimately decide this question and we will follow their determination.

The White House didn't immediately respond to our request for comment.

RULE ON POSTAL SERVICES FOLLOWS TRUMP'S ORDER

According to the rule, the USPS must receive lists of recipients for mail ballots from the states. All outgoing and return?ballot envelops must have unique barcodes. Under the rule, the USPS may refuse to deliver any ballots that are not compliant with the new standards, or those associated with voters not appearing on the list.

Talwani is an Obama appointee who issued a temporary injunction last week to stop the USPS from enforcing its rule. She was deciding whether or not to issue a more permanent injunction.

The administration asked the U.S. Supreme Court on Thursday to intervene and lift a temporary order, so that the rule can take effect. Last week, the court's conservative majority of 6-3 lifted an order Talwani had issued that prevented USPS from imposing restrictions.

USPS released its rule in March to implement the executive order that Trump signed after years of calling for restrictions on voting by mail.

All 50 states permit some form of mail in voting. 29 states allow voters to request to vote by mail, without providing any reason. Eight other states conduct their entire election by mail. North Carolina became the first state to mail ballots in the November elections on Friday.

If the rule is allowed to go into effect, it could force state officials to make changes to their systems in just a few weeks, to conform to a system critics say USPS has not yet implemented.

Talwani stated that it is "implausible", that states will be able comply with this rule in time for the upcoming elections of this year, since it would require 10,000 jurisdictions redesigning their ballots, printing them, and submitting voter information to an online portal run by USPS that doesn't yet exist.

The court concluded that the disenfranchisement of Plaintiff Organizations members, regardless their residence, was inevitable.

The administration asked a federal court of appeals to overturn Talwani’s original restraining orders. The 1st U.S. Circuit Court of Appeals in Boston had not yet acted on this request. Circuit Court of Appeals hadn't acted on this request before the Judge issued her latest ruling.

(source: Reuters)