First Circuit Court rejects USPS mail-in ballot rule

A three-judge panel of the First Circuit Court of Appeals has unanimously rejected an administration request to lift a judicial block on new United States Postal Service (USPS) regulations regarding mail-in ballots. The ruling prevents the USPS from implementing rules that would require states to submit envelope designs for approval, incorporate unique barcodes, and upload voter data to a federal portal.

The judges, including appointees of President Joe Biden, upheld a previous decision by federal judge Indira Talwani, who found the rule likely unconstitutional. The court noted that the administration failed to convincingly demonstrate that the district court erred in determining the rule was likely illegal, as the Elections Clause of the Constitution reserves the regulation of election methods to states and Congress rather than federal agencies.

The decision arrives as several states, including North Carolina and Alabama, begin mailing ballots for the November 3 midterm elections. California Attorney General Rob Bonta, leading a coalition of states challenging the rule, described the rejection as a setback to the administration’s attempts to disrupt mail-in voting. An appeal to the U.S. Supreme Court remains pending.